Allowed

L and T Finance Ltd. v. Aparajita S. Behera and 2 Ors.

Bombay HC6 Mar 2013CHS/49/2013

Case brief

AI extract

What is this about?

Petitioner sought discharge of Court Receiver and permission to sell suit equipment. Court granted discharge upon accounts and allowed sale by private treaty with bidder notification and equal participation rights for respondents.

What did the court decide?

Court Receiver discharged after accounts; petitioner permitted to sell suit equipment by private treaty via auction notice including recipients' bid opportunity

L and T Finance Ltd. Vs Aparajita S. Behera and 2 Ors. — Banking and Recovery | Bombay HC (2013)

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CHS-49/13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY .

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ORDINARY ORIGINAL CIVIL JURISDICTION

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CHAMBER SUMMONS NO.49 of 2013. IN ARBITRATION PETITION NO.908 OF 2012

L & T FINANCE

... Petitioner.

V/s.

MRS APARAJITA BEHERA & ORS. ... Respondents.

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Ms Shakuntala Joshi i/b M/s S.I.Joshi for Petitioner. None for Respondent.

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CORAM : R.D.DHANUKA J. DATED : MARCH 6, 2013.

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P.C.

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The learned counsel appearing for the petitioner tenders affidavit of service which indicates that the respondents are served. Affidavit is taken on record.

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By this chamber summons, petitioner seeks discharge of Court Receiver and permission to sell the suit equipment by private treaty. By an order dated 7^th September 2012, this Court appointed Court Receiver in respect of the vehicle described in Exhibit-F to the petition with a direction to appoint the

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respondents as agent of the Court Receiver. After passing of the said order, respondent vide letter dated 31^st October 2012, has surrendered the said vehicle

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Asmita

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to the petitioner. A copy of the said letter is annexed at Exhibit-B to the affidavit

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of the chamber summons.

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The learned counsel appearing for the petitioner submits that in view of the respondent having surrendered the vehicle to the petitioner, court Receiver be discharged and petitioner be permitted to sell the suit equipment by private treaty.

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None appeared for the respondents though served. The Court Receiver is discharged after making accounts.

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Petitioner is permitted to sell the suit equipment by private treaty calling bids of the higher bidder and to appropriate the proceeds against the alleged dues of the petitioner. Petitioner is directed to issue notice to the respondents of the auction and to allow the respondents to participate in the bid and to consider the bid of the respondents if the same is highest.

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Chamber summons is accordingly disposed of in aforesaid terms. No order as to costs.

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( R.D.DHANUKA, J.)

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Asmita

L and T Finance Ltd. v. Aparajita S. Behera and 2 Ors.

Case brief

What is this about?

What did the court decide?

L and T Finance Ltd. v. Aparajita S. Behera 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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