The Bombay High Court held that a court receiver who never took possession of the subject vehicle is a fit case for waiving commission under Section 591 CPC. The chamber summons for waiver was made absolute.
Chamber summons made absolute in terms of the prayer for waiver of commission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
chs172-10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.172 OF 2010 IN
ARBITRATION APPLICATION NO.377 OF 2009
L & T Finance Ltd. V/s.
M/s.Atithi Gokuk Roadlines & Ors.
....Petitioner
....Respondents
Ms.S.I. Joshi i/b M/s.S.I. Joshi & Co. for the Petitioner.
None for the Respondents.
CORAM : S.J. VAZIFDAR, J. DATE : 22ND NOVEMBER, 2010.
P.C. :-
2 issues framed by the court
Whether the court receiver's commission should be waived under Section 591 CPC given that possession was never taken.
Whether the chamber summons should be made absolute for the payment of receivers' commission.
1 provisions across 1 enactments
L & T Finance Ltd.
M/s.Atithi Gokuk Roadlines & Ors.
S.J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
