Allowed

L and T Finance Ltd. v. Dnyaneshwar D. Jadhav and 2 Ors.

Bombay HC2 May 2011ARBP/430/2011

Case brief

AI extract

What is this about?

Bench considered multiple Arbitration Petitions (Lodging) filed by L & T Finance Limited against various borrowers and guarantors under the Arbitration and Conciliation Act. The court granted leave to file applications for arbitration after noting the absence of the respondents.

What did the court decide?

Petitions allowed; made absolute in terms of prayers (a) and (c); compliance required with Court Receiver.

L and T Finance Ltd. Vs Dnyaneshwar D. Jadhav and 2 Ors. — Arbitration | Bombay HC (2011)

29.arbpl.122.11 gr

skt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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ARBITRATION PETITION (LODGING) NO.122 OF 2011

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L & T Finance Limited V/s.	....Petitioner
Nitin A. Galande & Anr.	....Respondents
AND ARBITRATION PETITION (LODGING)	NO. 123 OF 2011
L & T Finance Limited V/s.	....Petitioner
Dyaneshwar D. Jadhav & Ors.	....Respondents
AND ARBITRATION PETITION (LODGING)	NO. 129 OF 2011
L & T Finance Limited V/s.	....Petitioner
Vithal Shamayya Bhandar & Anr.	....Respondents
WITH ARBITRATION PETITION (LODGING)	NO. 130 OF 2011
L & T Finance Limited V/s.	....Petitioner
Narendra Bhagwan Patil & Ors.	....Respondents
WITH ARBITRATION PETITION (LODGING)	NO. 148 OF 2011
L & T Finance Limited V/s.	....Petitioner
Chandrakant Vasant Pande & Ors.	....Respondents
AND ARBITRATION PETITION (LODGING)	NO. 211 OF 2011
L & T Finance Limited V/s.	....Petitioner
Trimurti Earthmovers & Anr.	....Respondents

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- 2 - 29.arbpl.122.11 gr
AND ARBITRATION PETITION (LODGING) NO. 263 OF 2011 WITH ARBITRATION PETITION (LODGING) NO. 276 OF 2011 WITH ARBITRATION PETITION (LODGING) NO. 347 OF 2011
L & T Finance Limited ....Petitioner V/s.
Usharani Girija Sankar Patnaik & Anr. ....Respondents
AND ARBITRATION PETITION (LODGING) NO. 270 OF 2011
L & T Finance Limited ....Petitioner V/s.
Nihali Pramod Pradhan & Ors. ....Respondents
AND ARBITRATION PETITION (LODGING) NO. 271 OF 2011
L & T Finance Limited ....Petitioner V/s. Ishwarchand Behera & Anr. ....Respondents AND ARBITRATION PETITION (LODGING) NO. 274 OF 2011
L & T Finance Limited ....Petitioner V/s.
Samrendra Girija Sankar Patnaik & Ors. ....Respondents
AND ARBITRATION PETITION (LODGING) NO. 275 OF 2011
L & T Finance Limited ....Petitioner V/s. Sanjib Kumar M. Sahoo & Ors. ....Respondents
AND ARBITRATION PETITION (LODGING) NO. 277 OF 2011
L & T Finance Limited ....Petitioner V/s
. Bhuban Mohan K. Pradhan & Anr. ....Respondents

29.arbpl.122.11 gr

AND

ARBITRATION PETITION (LODGING) NO. 280 OF 2011

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L & T Finance Limited ....Petitioner V/s.

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Umesh Kumar Premkumar Sahi & Anr. ....Respondents

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Ms.Disha Karambar for the Petitioner.

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None for the Respondents.

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CORAM : S.J. VAZIFDAR, J. DATE : 2ND MAY 2011.

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P.C.

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1 These are petitions under section 9 of the Arbitration and Conciliation Act, 1996.

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2 Respondent No.1 in each of the petitions is the borrower. The other Respondents are either the borrowers or the guarantors. The Petitioner and Respondent No.1 in each of the petitions have entered into the loan cum hypothecation agreements. The dues thereunder were secured by the hypothecation of the vehicles referred to in each of the agreements.

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3 The Respondents have remained absent, though served. There is no affidavit in reply. Prima-facie the amounts are due and payable and the same are secured by the hypothecation of the said vehicles.

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29.arbpl.122.11 gr

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4 In the circumstances, the above petitions are disposed of by the following order :-

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(i) The petitions are made absolute in terms of prayers (a), except the two portions bracketed in red. The petitions are also made absolute in terms of prayer (c). The order shall be complied with within two weeks of being served a copy of this order in writing addressed to the Court Receiver and through the petitioner’s advocate.

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(ii) Till the Court Receiver takes possession in each of the matters, each petitions are made absolute in terms of prayer (d).

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5 The undertaking to file an affidavit of service within two weeks from today, if not already filed, is accepted.

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L and T Finance Ltd. v. Dnyaneshwar D. Jadhav and 2 Ors.

Case brief

What is this about?

What did the court decide?

L and T Finance Ltd. v. Dnyaneshwar D. Jadhav and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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