L and T Finance Ltd. Vs
Case brief
What is this about?
Allowed interim application for substitution of the applicant in an execution case. The court noted lack of representation by judgment debtors but allowed the application based on admitted assignment and directed filing of vakalatnama and amendment within four weeks.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1312 OF 2019
IN
EXECUTION APPLICATION NO.1697 OF 2016
CFM Asset Reconstruction Pvt. Ltd. .. Applicant In the matter between L & T Finance Ltd. .. Claimant-Decree Holder Vs. Arvind Kumar Choudhary and Ors. .. Respondents-Judg. Debtors
Ms. Shraddha Patil, i/by D.S. Law, for the Applicant/Claimant. None for the Respondents-Judgment Debtors.
CORAM : A. K. MENON, J. DATE : 22ND NOVEMBER, 2021.
P.C. :
- On behalf of the applicant, learned counsel submits that there has been a change of Advocate. She states that she intends to enter appearance in place of the existing Advocates, who have entered appearance in the Execution Application. The current Advocate in the Execution Application is also represented. She has endorsed her no objection on the vakalatnama in the IA. Accordingly, vakalatnama shall be filed in the registry on or before 26 th November 2021. This appearance shall be treated as appearance in the Execution Application as well. No separate vakalatnama needs to be filed in the Execution Application.
- The IA seeks substitution of the applicant-CFM Asset Reconstruction
Issues for consideration
2 issues framed by the court
Whether an interim application for substitution of the applicant seeking substitution of an assignee in an execution application is liable to be allowed on merits.
Whether notice to the judgment debtor is required for allowing a mere substitution application.
Parties & counsel
- applicant
CFM Asset Reconstruction Pvt. Ltd.
- other
L & T Finance Ltd.
- respondent
Arvind Kumar Choudhary
Coram
Case details
As recorded by the court registry
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