Disposed

Tata Capital Financial Services Limited v. Vishal Auti S/O Nivritti and Anr.

Bombay HC2 Apr 2019EXA/1152/2017

Case brief

AI extract

What is this about?

The High Court disposed of Chamber Summons No.5 of 2018 based on consent terms between applicants and respondent, admitting the debt and agreeing to its settlement along with the return of hypothecated assets and discharge of the Court Receiver.

What did the court decide?

Consent terms accepted; debt settled for Rs. 10 Lakhs; hypothecated asset to be returned; Court Receiver discharged.

Tata Capital Financial Services Limited Vs Vishal… — Execution and Attachment | Bombay HC (2019)

¶1

IN THEHIGH COURT OFJUDICATURE AT BOMBA Y ORDINARY ORIGINAL CIVIL JURISDICTION

¶2

CHAMBER SUMMONS NO.5 OF 2018

¶3

¶4

EXECUTION APPLICA TION NO. 11520F 2017

¶5

¶6

ARBITRA TION CASE NO: 4093 OF 2014

¶7

AWARD DATED 19.04.2015

¶8

TATA CAPITAL FINANCIAL SERVICES LIMITED ..... APPLICANTS

¶9

IN THEMA TTER BETWEEN

¶10

TATA Capital Financial Services Limited )
A Non Banking Finance Company )
Duly registered with the Reserve Bank of India )
And incorporated under the provisions of Companies Act 1956 )
And having its registered office atn" Floor, Tower A, )
Peninsula Business Park, Ganpatrao Kadam Marg, )
Lower Parel, Mumbai - 400 013 and a branch office )
amongst other places at 1^stFloor, Janmabhoomi )
Bhawan, Janmabhoomi Marg, Fort, )
~·1umbai- 400001 ) ...Petitioner

¶11

..... Respondent

¶12

And

¶13

The Court Receiver High Court, Bombay ) Bank of India; 2^nd Floor ) Mahatma Gandhi Road, Fort, Mumbai-400 023 ) ....Respondent No.2

¶14

CONSENT TERMS

¶15

The Applicants (Org. Petitioner) and the Respondent (Org. Respondent) have decided to settle the above matter amicably between themselves and accordingly are filing the present Consent Terms in this Hon'bie Court to get the above Chamber Summons disposed off in accordance with the ConsentTerms.

¶16

The Respondent(Org. Respondent) admits and agrees that as on 20^th February 2019 a sum of Rs39,15,093/(Rupees Thirty Nine Lacs Fifteen Thousand and Ninety Three) was due and payable by him to the Applicants

¶17

(Org.Petitioner). The Applicants (Org. Petitioner) and the Respondent(Org=Respondent) have now agreed to settle the matter on the following terms and conditions: (a) A sum of Rs 10,00,000/be paid by the Respondent (Org. Respondent) to the Petitioner (Org. Applicants) in full and final settlement of the claim of the Applicants (Org. Petitioner) to the Respondent (Org. Respondent).

¶18

(b) The sum of Rs 10,00,000/- has been received by the Applicants (Org. Petitioner) from the Respondent (Org. Respondent) herein.

¶19

(c) The hypothecated asset viz: Model L & T Komatsu, PC 130 bearing Chassis No: NS00176 which is in possessionof the Applicant( Org. Petitioner) under supervision of the Court Receiver High Court, Bombay pursuant to the order dated 01.07.2015 passed in Arbitration Petition No. 403 OF 2015 by this Hon'ble Court be handed over back to Respondent (Org. Respondent) without the intervention of the Court Receiver High Court, Bombay with liberty to the Respondent (Org.

¶20

¶21

Respondent) to deal with the same in the manner he feels appropriate.

¶22

(d) The Respondent agrees to make payment of the parking yard charges as which will be communicated to the Respondent (Org. Respondent) by the Applicants (Org. Petitioner) at the time that the said hypothecated asset is released to the Respondent (Org. Respondent). The Respondent (Org. Respondent) agrees and undertakes to forthwith make payment of the said parking charges at the time that the said hypothecated asset is released to the Respondent (Org. Respondent). The same shall be a condition precedent for release of the said hypothecated asset to the Respondent (Org. Respondent).

¶23

(e) The parties agree to withdraw all or any pending claims as against each other as of today immediately on filing of the present Consent Terms. . o..1-Jt?iS c I .The R r •• ieent) agrees to abide by - the undertakings given by ~ in the present Consent ~ Terms. i\ {'/'l{__-/

¶24

The present Consent Terms are signed by the Petitioner through their officer Shri Harangad Bhogal and by the Respondent in person. The present Consent Terms are also signed by the Advocates for the respective parties.

¶25

The Court Receiver High Court, Bombay appointed pursuant to the order dated 01.07.2015 passed in the said Arbitration Petition be also discharged on filing of

¶26

X/" the present Consent Terms before thi~ Hon'ble Court

¶27

¶28

? -e: 6 . In V-~ (J 6"~ l:-he. <ib6~e the. A-rbt}rCi.h'on Aut:{ rJ 5l,Citd ~lh£~leJ ·

¶29

~ Dated this 'l>'iay of April 2019

¶30

~'venture

¶31

Advocate for the Petitioner Advocate for the Respondent
tW;,:
.)J. -,
u-}rI\ ~ . ','
For Petitidnr-"-/. Respondent

¶32

Respondent

¶33

Mr. Harangad Bhogal Ma nager Legal

¶34

POWER OF ATTOR.'iEY

¶35

TO ALL TO WHOM THESE PRESENTS SHALL COME, I, Ms. Sarita Kamath, Constituted Attorney, Tata Capital Financial Services Limited, having my office at Tower A, l lth Floor, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai-400 013 (hereinafter called "the PRINCIPAL") SEND GREETfNGS: AND WHEREAS Tala Capital Financial Services Limited (hereinafter called 'the Company') has vide a Power of Attorney dated April 15, 2015 appointed me as the' attorney of the Company and interalia granted the power to appoint my 0\'1] substitute or substitutes for the purpose of serving the interest of the Company better. more efficiently and more extensively.

¶36

AND WHEREAS L the said Principal, am desirous of appointing Mr. Harangad Singh Bhogal, Manager of Tata Capital Financial Services Limited. (hereinafter called "the Attorney") functioning in the Stale of Maharashtta to do and perform the following acts, matters and things as hereinafter appearing:

¶37

'iOW THESE PRESENTS WITNESS that I. Ms. Sarita Kamath, the Principal, hereby nominate, constitute and appoint the said Attorney to he my true and law lui Attorney to do, perform and exercise the following acts, matters and things in the name on behalf of the Company, in respect of specified delinquent contracts for the pu of recovery of outstanding dues payable by the Borrower/s/ Lessee! HireC-dllu,,:-c(,O Guarantors ("Delinquent Customers") to the Company with respect to the loan! je'ifs.? hire purchase facility availed by them under the relevant Loan! Lease! Hire Agreements, that is to say:

¶38

To commence, institute, tile or continue to file suits. pleadings, petitions, ciaimsfapplications for seeking reliefs under the provisions of Code of Civil Procedure t r: Arbi tration and Conciliation Act, 1996 or any amendments thereto and to defefl(~·and: appear in all such proceedings and file replies and rejoinders thereunder, wherein the:' contracts are having overdue status of arrears (1 r installments or any interestcomponents or non-starter case. ;; M:s. }{"':~~" -.; 1'1, }/,_~0rE·R )'·!OTt,

¶39

¶40

f !

¶41

To institute for and on behalf of the Company, Winding up Petitions. Company Applications against the Delinquent Customers and to represent the Company and initiate Execution Proceedings on behalf of the Company before the concerned Courts, and also to take all other necessary steps and to file Reply, Affidavits, Evidence. Applications, papers and particulars as may he required therein.

¶42

~ To commence, carryon or defend, appear or appeal in all cases/appeals before any courts of law, appellate bodies or tribunals and other legal proceedings and demands touching any matter or thing in which the Company may be in anywise concerned whether solely 01" jointly with any other person or persons.

¶43

To take all necessary steps and to sign necessary papers, affidavit, to depose before the relevant authorities, and also to engage advocates LO represent the Company alter obtaining requisite approval in such delinquent contracts for the purpose of recovery of the dues and for defending the Company against any legal proceedings filed! initiated against it. Provided however the Attorney shall always obtain prior approval before initiating/defending such action and shall disclose the actions undertaken under this power of attorney to the designated Executive of the Company.

¶44

To file before the concerned competent Courts complaints. applications, .proceedings under Section 138 of Negotiable Instruments Act, J 881 / Section 25 of the Payment and Settlement Systems Act, 2007 ("Complaints"!' exclusively arising (Jut of dishonour of cheques IECS ! NACH! Auto Debit / Electronic Fund Transfer! RTGS mandate issued by the Delinquent Customers.

¶45

To record evidence, to file reply, affidavits, applications. objections, petitions and other necessary papers and particulars as may be required in the Complaints

¶46

To sign Vakalatnama in favour of the Advocatcis) approved by the Company.

¶47

To apply for certified copies tor any case or obtain summons, Attachment warrants. bailable warrants, non bailable warrants, proclamations in the Complaints/Execution petition and take all the required steps for the purpose of serving the same and/or executing the same on the Delinquent Customers.

¶48

To appear before the concerned Court for the purpose of instituting, verifying and prosecuting the eases at all its stages.

¶49

AND GENERALLY as regards matters and things incidental or consequential to the above powers and authorities or to effectively exercise ali or any of the above powers and authorities, to sign all such other instruments. documents and papers to which the signature of the Company is or may be required or be necessary and to do all other acts, deeds, matters and things related thereto as the Attorney thinks appropriate.

¶50

AND all and whatsoever the Attorney shall do or cause to be done in or about these presents 1, the Principal, do hereby allow, ratify and confirm, provided, the Comparr. is informed of such action in the course of performance of his duties and in bona-fide exercise of powers delegated/contemplated in this Power of Attorney.

¶51

The powers herein contained shall be exercised lawfully by the Attorney, so long as the Attorney continues to be an employee of Tata Capital Financial Service'S Limited. or any of its subsidiary companies unless specifically revoked by the by the Company.

2 "':'._.'. .',

. True copy of the Employee ID card issued to the Attorney by the Company is annexed
and to be part of this Power of Attorney (POA). In case at the time of its presentation
/subrnission before any court I forum I tribunal or any other authority, the original
Employee ID Card of the Attorney is not available along with the POA, the POA
would stand invalid.
.14-
IN WITNESS WHEREOF Ihave executed these presents at Mumbai on this J_ day
of January, 2019.
Executed and Delivered by )
'rvis, Sarita Kamath, the )
Withinnamed Principal. in )
the presence of ..!:'::-=------ J---: M.
.:: - dyj-,>8~ 0C:-\ "'r--"Q .,- c··~
"',
Before me
(2 1"/;/1/1~;-
MS. RO.sHAI~ f,··l, M...R
NOTA..n.y, GREKfER 5OM.BAY
240-3. ORCHID TOWER j<br>BELIASlS rOAD.
h-'f"0r.mAl ~ -'tOfl 000.
Reg..No.404
C':lfnrnis~-;~CJn Expires
on
'11.2021 II! J,,-Fi I Z,{1
. 1>7 If

¶56

¶57

,-'..•..l •

¶58

',l i; I ' ~)iH.~.I\ 1 Pf1

¶59

POWER OF ATTORNEY

¶60

TO ALL WHOM THESE PRESENTS SHALL COME. WE. TAT A CAP!T,I'\L F!NANCilI.L SEF~VICES LIMITED, a Company incorporated under the Comp-anies Act, 1956 (1 of 1956) and Ilaving its Registered Office at One Forbes, DrVS. Gandhi Marg, Fort, Mumba\ - 400 001 (hereinafter called "the Company") SEND GREETINGS:

¶61

WHEREAS:

¶62

(1) The Company is desirous of appointing Mrs. Sarita Kamath (hereinafter called 'the Attorney") to do and perform all or any of thc foliowing acts, matters and things and to exercise all or any of the powers and authorities hereby conferred subject to the provisions of the Companies Act, 2013 and RUles framed thereunder and as may he amended from time to time;

¶63

Ms. HOSHAN M. rvlASTER T'!ClT;\PY. r;R.fATER BOMBj\Y . 2~~{J:!,(ll:ZCHID TO'NEH A b::L.L\SlS ROAD, lV1l1l\Hl,t\I- 400 1)08

¶64

By a resolution passed by the Board of Directors of the Company on January 28 2015, the Board has authorized the grant of a Power of Attorney in favour of lte Attorney

¶65

¶66

NOW KNOW YE ,ALL AND THESE PRESENTS 'NTNESSETH that the Company hereby nominates, constitutes and appoints the said Attorney Mrs.Sarlta Kamath to do and perform tne following acts, matters and things in the name of and on behalf of the Company and subject to the provisions Of the Companies Act, 2013 and RiJles framed thereunder and as may be amended from time to time, that is to say

¶67

'0 sign and execute (within the limits authorized by the Board) Purchase and Sale ,Agreements or Lease Agreements or Leave and Licence Aqreernents in respect of commercia! premises, residential accommodation and other properties inclusive of plols of land acouirsd ! to be acquired by way of purchase. lease, rental and 'eave ar-d licence basis by the Company; Also to sign and execute (within the limits authorized by the Board) Purchase and Sale Agreements, Lease Agreements and Leave and Licence A,greeme1!ts in respect 0; such properties sold fer consideraion. given / to be given on lease and/or leave and licence basis for lease rent i licence f(~e by the Cornpeny and to issue receipts for the same.

¶68

2 To appear before tne Registrar and Sub-Registrar of Assurances m ary Dr Sub-Dlstrict appointed to register documents under t'le law applicable thereto fer tne trne being in force for the registration of conveyance deeds, transfer deeds, instruments of transfer, lease agreements, leave and licence agreements and such ot"le^r deeds and documents and to present for reqistration such deed/s and document's executed by virtue of these presents and also to admit execution tne'eof and in do or cause to be done all such acts, deeds, matters and things as may be necessary or proper for the enectua completion and registration of tne such deeds and documents so executed in the land registry col'ector and other revenue authorities as well as the Registrar Of Companies Of otherwise howsoever

¶69

3, "o sign on behalf of the Company, Hire Purchase Agreements, Lease Ag"eements Loan Agreemenis and ail other documents and papers relating to Ihe Loan Hire Purchase leasing business or any documents in connection with any otl-er finance related actiVities undertaken by the Company from time to time, within Ihe limits perm ned under the Comoanies Act, 2013 and Rules framed thereunder and as may be amended trorn time 10 time and as approved by the Board of Directors and to sign on behalf of the Company other reiated security documents and papers thereto fer creating a val d c:;arge, hypothecation, mortgage with respect to the movable and i-nmcvab!e properties standing '[1 the name Of the borrowers of the Company and lhe;r guarantors.

¶70

': To accept for and on behalf of the Company, the title deeds, documents, shares. securities and related documents in reiation to the rnmovab e and movab e properties owned by the borrowers the Company and their guarantors (hereinafter jointly and.cr

¶71

-, 7 '1.,1/. 'l/.!..L:IO;'!o...rI Q.T1"<R ~..•

¶72

T\lJ'" . •.•• 1i"_-. ~ -; Il. '--f.'--or f3.:,~e \ f,,"

¶73

severally referred to as the "Obligors") and deposited by such Obligors for the purpose of 0 creation of security in favour of the Company for securing lne finance facilities availed by , tnem. by 'Nay of mortgage by aeposit of title deeds, registered mortgage, pJedge, lien and to appear before the Registrar and or Sub-Registrar of Assurances in an}' District or Sub-Dis'rict appointed to register documents under the law applicable thereto for the time being in force for the registration of such mortgage deed/s and docurnenrs executed by virtue of these presents and also to admit execution thereof and to do or cause to be done ali such acts, deeds, matters and things as may be necessary or proper for the ettectua comoleuon and registration of such deeds and documents so executed in the land registry, Collector and olner Revenue authorities as wei! as the Registrar of Companies or olherwise nOWS08ver.

¶74

"
, 1

¶75

TO appoint any advocate, solicilcr, arbitrator, chartered accountant, pleader. legal/tax/othe r co nsulta nts/advisorsrpractition ers, rnaneqernentfmancial co nsunants advisers in connection with the presentfuture business 01 the Company, as also for employer welfare related activities, including for provident fund. gratUity, superannuation, etc

¶76

"'0 aoply and obtain various permissions under the Reserve Bank of india Act Foreign Exchange Management ,Act, Securities and Exchange Board of india ("SEBI") Act and! or any other Central or State id (including under the Rules. Regulations and Directions thereunder) in relation to the business of the Company and to complete ail 1110se formalities which may be required for obtair:ing suer, permissions and for the said purpose to communicate, qive undertakings to the Reserve Bank ot india the Government of India, State Governments, SEa! or any otner authority prescribed by jaw and in furtherance thereof, to enter into, make, sign and execute, verify and fiie writter statements, objections. memorandums of appeai and applications of aU kinds and deliver and acknowledge and perform any ccntractqs) ,undertak:ng or other writings required by the Reserve Bank of india, SE8¹ , or any other authority under the Foreign Exchange Management Act, the Reserve Bank of india Act. the SEBI Act and tne Rules, Regulations and Directions thereunder.

¶77

7 To operate Dernat Accounts of the Company with various Ds_pository Participants and for tne S3'Q purpose to sign, execute and submit such applications, uncertaknqs, agreements and other documents, writings and deeds, as may be deemed necessary or expedient and to do ail such acts, deeds and things as may be necessary to give erect to the above.

¶78

To sign and execute on behalf of the Company, documents such as: (a) Indernnity bonds for clearance of goods 'in the absence of relevant documents from railway authorities, steamship companies, air services and i or road transport comaarues or otherwise.

¶79

(b) Forms necessary for lodging Bid settling claims in connection w:th iicenses. insurance, duties. etc

¶80

¶81

,. .,
':'"1 ]

¶82

(d) Hire Purchase I Lease! Loan Agreements (wIThin the borrowing limits specified the Board ot Drectors and the Shareholders of the Company from time to time) and Demand Promissory Noles ir favour of Banks I Financial institutions i Lenders or other oarties

¶83

/'j;)
~

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(e) All documentation and agreements required for ~he creation of charge on receivables or other assets of the Company.

¶85

9 To buy, seil, deal in, mortgage, pledge, hypotri8cate or charge stocks. funds, shares bonds, debentures Of other securities of any kind whatsoever within the overal limits prescribed under the Companies Act and approved by the Board of Directors including any securities issued by the Government of india, any State Government 0" iocal body (whether Government Promissory Loan Notes, Benes or otherwse) and any securit'es ssued by public bodies or authorities and to employ and pay commission or make otner necessary or customary remuneration to brokers or agents for the purpose of any such purchase, saie or otner transaction and to exercise ali rights arc pnvileges appurtenant to such stocks, furds, shares, bores, debentures or other securities whlcn could be lavoJful!y exercised by the Company as the holders tnereot and to sign and execute any deed or other instrument which may be necessary or expedient in respect thereof in the ordinary course of business.

¶86

To represent the Company before any Authority. Judicial, Quasi Judicia:. Authoriues. Tribunals, Appellate Tribunals, Court, Debt Recovery Tribunal or any other Tribuna: i authorities set up under the provisions of the Securitisation and Reconstr.icticn Of Financia! Assets and Enforcement of Security Interest Act for recovery of ali amounts due to the Company whether by way of principal. interest, costs. profits and charges to charge, waive and/or compound any pnncipal, interesi, compound interest, penal interest, late payment fees, and/or compromise and/or settle amicably recovery of dues +orn delinquent borrowers i customers.

¶87

',1 To enforce the encumbered, hvpothecated, pledged and mortgaged security and to lake possession, acquire and purchase such assets on behalf of the Company by adjusting Pie ourcnase consideration against the outstanding dues recoverable from the delinquent borrowers' customers and for the said purpose to sign and execute and register Agreement for Saie, Saie Deed, Transfer deed, conveyance deed and Purchase agreements and'or such other deeds and documents in respect of mortgaged properties acquired i to be acquired by the Company and to appear before the R.egistra^r and/or Sub-Registrar of Assurances in any District or Sub-District appointed to register docurrents under the law applicable thereto for the time being in force for \nc registration of suer! oeedrs and document!s executed by virtue of these oreserts and also to admit execution thereof and to do or cause to be done all such acts. deeds. matters and things as may be necessary or proper for the effectual completion and registration of such deeds and documents so executed in the Land reg,stry. and other Revenue author ties as we!! as the Registrar of Companies or otherwise nowsoever.

¶88

diJMBA"Y Lf l-.__l\1 £~I{ _1'_ I r ' ,t ~. D. .i' .\:):, .. 1.)'.) !.JOe.

¶89

¶90

" 2 To withdraw and ior sign consent terms i compromise prceosal ' consent decree, in an ytiE' y suits, appeals, execution proceedings, petitions or any legal proceedings initiateddecree, bvin tiE' y Company and to give effectual discharge in respect of the amount received pursuant to such consent terms i consent decree.

¶91

initiateddecree, bvin an ytiE' y ..:;J ~

¶92

To institute for and on behalf of the Company suits or proceedings including Execution and Winding up Proceedinqs against any party with which the Company has business transactions and recover for and on behalf of tr,e Company, the amount due and tor that purpose to appoint one or more solicitors, advocates, chartered accountants, assessors, valuers, arbnrators or any other person or persons and fix their rerruneralon

¶93

14 To sign, seal, swear, affirm, declare. deliver, execute, enter into, acknowledge. perfect and do all such contracts, conveyances leases, mortgages, transfers, rsieases agreements, rcconveyances, reassignments, pleadings, atndav'ts. declarations. petitions, returns, refund orders of income-tax. super tax, excess profits tax, business profits tax, wealth tax, gift tax, expenditure lax, service tax, excise duty, custom duty and estate duty and any other tax, assurance, deeds, documents, instruments, acts, matters and tnings as shall be requisite or as the Attorney may deem necessary, proper or expedient for or in relation to the business of the Company.

¶94

~5 To ask, demand, sue for and recover, receive payment of and give good and valid receipts, releases, discharges and indemnities for ali the monies, securities for monies orofits, debts, goods, chattels, stocks, shares, beiong,rg or due to :he Company wnelher soiev or iointly with any other person or persons

¶95

To commerce. carry' on or defend, appear or appeal r all suits. departmental appeas appeals, inquiries before any courts of la 1,'1, appeliate bodies, tf bunals, or statutory /regulatory autnorsles and other legal proceedings and demands in which the Company may be in anyway concerned, whether soleiy or jOintly with any other person Of persons as aforesaid.

¶96

-'j 7. To sign aU plaints; written statements, affdavltsj apptcaticns, pieadlngs. De~itlo;js reference papers, appeals and such other connected documents as may be reqUired If' connection with legal proceedings arising out of the Company's contracts for ourcnase or lease or loa:', or equity participation in companies or any othw finance business and to accept any such writ or summons and i or any otner legal process as shall be requisite or expedient and to appoint persons to represent the Company in the said matter.

¶97

To appear in court or courts and to lodge petltion receiving order or orders ,I' bankruptcy ! insolvency! winding up against any debtor or debtors and 10 prove any debt or debts due to the Company and to vote In the choice of assignor, nustees and

¶98

Ms. HOSHAN Iv1. :tv!ASTRR NOT.\FY GrF:.'\TER B01\4Btf{ 240:: ()!-{CHID TOWER A LHLL:\S!S ROAD,

¶99

MU\·113.'\J· ,100 008.

¶100

¶101

committees and to oppose or consent to the provisional or final d.scharqe of any suer bankrupt i insolvent debtor or debtors, to receive any dividend or dividends and to vote at meetings of creditors for approval of composition schemes or on other questions arising of their insolvencies and also to act in any other matters connected viith bankruptcy, estate Of affairs of such debtor or debtors and to take or receive any dividend of such debtor or debtors and to take or receive any dividend money from the official assignee or any such officer or receiver appolnted by the court.

¶102

'19. To deal with the Registrar of Companies, Company Law Board, Company Law Tribuna! and MinistrllDepartment of Company ,A,rairs and to sign and file the necessary applications, forms and returns for and on benall of the Company required to be filed wilh the aforesaid authorities under the Companies Act, 20~ 3 and Rules framed thereunder and as may be amended from time to time and also to represent the Company before anyone or more of the aforesaid authorities

¶103

For the purpose of carrying out any of the functions referred to in paraqrapts i to 5 and 10 to 1B hereinabove, to appoint and authorise under a Letter of Authority or a Fower ot Attorney, any other personts) as her own substitute or substitutes in case the .A.ttarney considers that by doing so, tne interests of the Company shall be served better, more erncienJy and more extensive/yo Provided however, that the termination of the authonty of the Attorney shall not in any way affect the appointment by her of any substitute or substitutes and such substitute Of substitutes shall continue to be the true and lawiu! attorney or attorneys of ihe Company and shail continue to do, execute and perform ai' such matters or things as they wore appointed to do, execute and perform by the Attorney.

¶104

AND GENERALLY as regards matters and things incidenta or consequential to the acove cowers and authorities or to effectively exercise ail or any of the above oowers and authorities, to sign all such other instruments, documents and papers to which the signature of the Company is or may be required or be necessary and to do al'i other acts deeds, matters and things related thereto as trie .A.tto~neythinks appropriate

¶105

AND ail and whatsoever the said Attorney shall iavvfuHydo or cause to be done in elf about these presents the Company dees hereby allow, ratify and confirrr

¶106

The Attorney shall exercise (he above powers, subject to the overall limit of financial powers delegated to her by the Board of Directors in accordance with the provisions of the Companies Act, 2013 and Rules framed thereunder and as may be amended from Irne to time

¶107

~o~.;er of Artorrey shall raman , ,in f terce as 'iong as S8:0 Attornev is in the emplcyrnent of Tata Capltal OJ! or any of the sobslciary cornoanes of spec~fic3Hy rC\ioked by the

¶108

:\J WiTNESS f\L FiNANCL,\L SERVICES liMiTED has pursuant :c R Company dRted .lanuarv 28, 205, in;hai causen. its Corrmon Seal '0 be duly gifxed hereto at Mumbl t"s t~\ -j< If J-1 . / 'J(" ~ ; ___ 1=-~~1 ;.J: J_ r-; J /1 ~ ~".

¶109

Seal of the \dthlnnanlej the orescnce OT i~1f, Pravaen P. K.adie, Managing Director of the Company, who ;,ave set and subscribed treir hands lnereto Tl witness whereof

¶110

" L.
accect

¶111

/
"""'T'J\ Ms. ~ Fl4J8HAN •••- - M. M.A.51!5'J.[' - .
!'HJ IU'U.. GATE~ BOIelh
2403. O&CHiD TO~ l-
BELJ_.\5IS HOAD
MIJ1tIfBAI - 400 008,
l"(cg.No 404
. I ; J
( t'
1 )
, I / I
)
NOTAR!Al

¶112

IN THEHIGH COURT OFJUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.5 OF 2018 IN

¶113

EXECUTION APPLICA TION NO. 11520F 2017 IN ARBITRA TION CASE NO: 4093 OF 2014 AWARD DATED 19.04.2015

¶114

TATA Capital Financial Services Limited

¶115

.....Applicants

¶116

In the matter between TATA Capital Financial Services Limited

¶117

......Petitioner

¶118

Vis

¶119

Vishal Auti ......Respondent

¶120

And

¶121

The Court Receiver High Court, Bombay

¶122

......Respondent No:2

¶123

CONSENT TERMS

¶124

Dated thisJ~ of April 2019

¶125

KMC Legal Venture Advocates for the Applicants 111, Old Bake House Maharashtra Chamber of Commerce Lane, Opp. MSCB Bank, Fort, Mumbai-400 001.

Tata Capital Financial Services Limited v. Vishal Auti S/O Nivritti and Anr.

Case brief

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Tata Capital Financial Services Limited v. Vishal Auti S/O Nivritti and Anr.

Case brief

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