L and T Finance Limited Vs
Case brief
What is this about?
In an interim application under an execution proceeding, the Bombay High Court allowed the substitution of a new applicant for the original award holder and directed service on the respondent judgment debtor with a deadline for filing affidavit of service.
What did the court decide?
Interim application allowed; applicant substituted; new service of process on judgment debtor directed; material to be filed by 10th December 2021 or application rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1684 OF 2019
IN
EXECUTION APPLICATION NO. 775 OF 2015
CFM Asset Reconstruction Pvt. Ltd.
… Proposed Claimant
In the matter between
L and T Finance Limited … Original Claimants Decree Holder vs. Mr. Suresh Dhal and Ors. … Respondents Judgment Debtor
Ms. Kirti Vagal i/b. D. S. Law for the Applicant.
CORAM : A. K. MENON, J. DATED : 23rd NOVEMBER, 2021
P.C. :
RAJESHWARI RAMESH PILLAI
Issues for consideration
2 issues framed by the court
Whether the interim application for substitution of the applicant in place of the original award holder should be allowed.
Whether the substituted applicant shall be permitted to serve the respondents afresh.
Parties & counsel
- applicant
CFM Asset Reconstruction Pvt. Ltd.
- respondent
L and T Finance Limited
- respondent
Mr. Suresh Dhal
Coram
Case details
As recorded by the court registry
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