The High Court at Bombay made a Chamber Summons in an arbitral matter absolute after the respondents refused to hand over equipment. The Court ordered return of possession only upon execution of the agency agreement.
Chamber Summons made absolute; possession to be returned upon executing agency agreement with Court Receiver.
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22.chs.1152.11 abrp.1351.10
skt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.1152 OF 2011 IN
ARBITRATION PETITION NO. 1351 OF 2010
L & T Finance Ltd. ..Petitioner -VersusShailendra R. Patel and Narendra R. Patel ..Respondents
Ms.Shakuntala Joshi i/b S.I.Joshi & Co. for the Petitioner.
None for the Respondents.
CORAM : S.J. VAZIFDAR, J. DATE : 2ND AUGUST 2011.
P.C.
1 It appears that the respondents had refused to handover the possession of the equipment to the Court Receiver.
2 In the circumstances, the Chamber Summons is made absolute in terms of prayer (a) and (b). Thereafter, the respondents shall be given back possession of the vehicle only upon his executing the agency agreement with the Court Receiver and complying with all other directions by the Court Receiver.
The Chamber Summons is accordingly disposed of.
1 issue framed by the court
Whether the Chamber Summons should be made absolute when respondents refused to hand over possession to the Court Receiver.
L & T Finance Ltd.
Shailendra R. Patel
Narendra R. Patel
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
