L And T Finance Limited vs Cheruka Srinivas (Borrower) And ...
2017 Latest Caselaw 6259 Bom

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

            CHAMBER SUMMONS NO.367 OF 2016
                            IN
         EXECUTION APPLICATION NO.1229 OF 2016
                            IN
ARBITRATION CASE NO.L and T/LOT-2/OMG/LOS/CVF/ARB/725 OF
                           2015.


L and T Finance Limited                               ...Applicant/Org.Claimant
In the matter between
L and T Finance Limited                               ...Claimant/Org.Claimant
       Versus
Cheruka Srinivas (Borrower) & Anr.                    ...Respondents/Org. 
                                                      Respondents
                                         -----

Ms.Priya Rita i/b. Disha Karambar & Associates, Advocate for Applicant.
                                -----
       

                                                 CORAM : K. K. TATED, J.

                                                 DATE     : AUGUST 16, 2017

P.C.:

1. Heard learned Counsel Ms.Priya Rita for the applicant.

2. Learned Counsel Ms.Priya Rita for the applicant filed affidavit of service dated 28th July 2017 stating that bailable warrant has been executed against both the respondents. The said affidavit of service is taken on record. Paragraph 2 of the said affidavit reads thus:

"2. I say that on 21.07.2017, I visited at Chityal Police Station and met the executing Constable, Mr.iddhaiah (Contact No.9848153055) for executing the Bailable Warrants against defendant No.1 Mr.Cheruka Srinivas and defendant No.2 Mr.Cheruka Sathaiah. The said Constable arrested both the Defendant No.1 and Defendant No.2 and brought to the Police Station for completing execution process. As per orders of the Hon'ble High Court, the both

psv 2 54-chs 367-16

defendants also furnished the sureties. The Sub-Inspector of Chityal Police Station Mr.BalaGopal (Contact No.9440795608) informed that they will send the report to the Hon'ble High Court, Bombay through their Channel."

3. Inspite of the bailable warrant, no one remained present on behalf of the respondent Nos.1 and 2. Hence, as a last chance, matter is adjourned by one week.

4. Stand over for one week.

(K.K.TATED, J.)