L And T Finance Ltd vs Harpreet Suingh Chandok And Other
2017 Latest Caselaw 6141 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 ORDINARY ORIGINAL CIVIL JURISDICTION

                  CHAMBER SUMMONS NO.335 OF 2012
                                 IN
              EXECUTION APPLICATION (LD) NO.2099 OF 2011
                                 IN
                     ARBITRATION NO.329 OF 2011

 L and T Finance Limited                           ...Plaintiff
       Versus
 Mr.Harpreet Singh Chandok & Anr.                  ...Defendants
                              -----

 Ms.S.I. Joshi with Ms.Nikita Pawar, Advocate for Plaintiff.
                                  ----- 
        
                                         CORAM : K. K. TATED, J.
                                         DATE     : AUGUST 16, 2017

 P.C.:

 1.      Heard learned Counsel Ms.S.I. Joshi appearing for the applicant/
 plaintiff.  


 2.      The   learned   Counsel   Ms.Joshi   appearing   on   behalf   of   the
 applicant/plaintiff submits that non-bailable warrant issued against the
 defendant Nos.1 and 2 by this Court returned unserved with Bailiff's
 remark.   To that effect, the Prothonotary and Senior Master prepared
 the service report dated 25th  June 2015.   She submits that in view of
 subsequent   development,   this   Court   be   pleased   to   issue   fresh   non-
 bailable warrant against defendant Nos.1 and 2.


 3.      Considering   the   submissions   made   by   learned   Counsel   for   the
 applicant/plaintiff and the orders dated 9 th  April 2014, 7th  April 2015
 and 25th  June 2015 passed by this Court along with the report dated
 25th June 2015 of the Prothonotary and Senior Master, I satisfy that the


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 plaintiff   has   made   out   a   case   for   issuing   fresh   non-bailable   warrant
 against defendants.  


 4.      The learned Counsel Ms.Joshi for the applicant/plaintiff submits
 that   the   applicant/plaintiff   is   ready   and   willing   to   execute   the   non-
 bailable   warrant   by   accepting   the   hamdast   through   the   concerned
 police station.  The same is permitted.  Hence the following order:-


                                        ORDER

i) Office is directed to issue non-bailable warrant against defendant No.1 Mr.Harpreet Singh Chandok and defendant No.2 Mr.Ranbir Singh Chandok, returnable on 29th September 2017;

ii) Registry is directed to instruct the concerned authority to execute non-bailable warrant on the defendants with the help of police as the earlier non-bailable warrant returned unexecuted;

iii) The applicant is permitted to accept the hamdast and get it executed in non-bailable warrant against defendant nos.1 and 2 through the concerned police station.

iv) Parties to act on an authenticated copy of this order.

 v)      Stand over to 29th September 2017.




                                                (K.K.TATED, J.)