Disposed

L and T Finance Ltd. v. Sisir Kumar S. Mantry and 2 Ors.

Bombay HC6 Mar 2013CHS/50/2013

Case brief

AI extract

What is this about?

On 6 March 2013, Justice R.D. Dhannuka disposed of a Chamber Summons seeking discharge of a Court Receiver and permission to sell suit equipment. The court directed the discharge of the Receiver upon account settlement and authorized the petitioner to sell the equipment via private treaty, mandating due notice and bid consideration for respondents.

What did the court decide?

Court Receiver discharged; seller permitted to sell equipment via private treaty with high bid process and respondent notice.

L and T Finance Ltd. Vs Sisir Kumar S. Mantry and 2 Ors. — Specific Performance | Bombay HC (2013)

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CHS-50/13

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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.50 of 2013. IN ARBITRATION PETITION NO.915 OF 2012

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L & T FINANCE ... Petitioner.

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V/s.

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MR SISIR KUMAR MANTRY & 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 16^th 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. Sisir Kumar S. Mantry and 2 Ors.

Case brief

What is this about?

What did the court decide?

L and T Finance Ltd. v. Sisir Kumar S. Mantry and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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