Allowed interim application seeking substitution of Integro Finserv Private Limited in place of original claimant in execution proceedings following tender of deeds of assignment and service on original claimant.
Applicant substituted as claimant/decree holder; amendments to execution application allowed.
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Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2023.10.20 10:42:50 +0530
1 (66) IA-3673.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.3673 OF 2022
IN
EXECUTION APPLICATION NO.2904 OF 2015
Integro Finserv Private Limited : Applicant. In the matter between CFM Asset Reconstruction Private Limited : Ori.Claimant/Decree Holder Vs. Gunasekar C. S/o. Chinna Samy & anr. : Respondents/Judgment Debtors
Mr. Krutik Veeta a/w Mr. Siddhesh Rajput i/by DS Law for the Applicant.
CORAM : ARIF S. DOCTOR, J. DATE : 19th OCTOBER 2023
P.C. :
Applicant in place and stead of the Original Claimant in the execution
proceedings.
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tenders an Additional Affidavit placing on record Deeds of Assignment, since
inadvertently to the captioned Interim Application the Deeds of Assignment were not annexed, pursuant to which the Award which is in execution has been assigned by the Original Claimant/Decree Holder to the Applicant. The Additional Affidavit is taken on record.
Service dated 18th October 2023 by which the Original Claimant has been
served with copy of the Interim Application as also the Additional Affidavit, and
has been intimated of today’s date of hearing.
present Interim Application.
Additional Affidavit, there is no reason why not to allow the Interim
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Application. The Interim Application is therefore allowed in terms of prayer
clauses (a) and (b) which read thus :-
weeks from today.
(ARIF S. DOCTOR, J.)
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1 issue framed by the court
Whether the interim application seeking substitution of applicant as decree holder in execution proceedings should be allowed.
Integro Finserv Private Limited
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
