L And T Finance Limited vs Rudra Cosntruction And Mining ...
2021 Latest Caselaw 17653 Bom

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


                                           CHAMBER SUMMONS NO.767 OF 2014
                                                            IN
                                          EXECUTION APPLICATION NO.845 OF 2015


                     L & T Finance Ltd.                        .. Applicant/Plaintiff
                              v/s.
                     Rudra Construction & Mining
                     Equipment & Anr.                          .. Defendants/Respondents


                                                          WITH
                                         INTERIM APPLICATION (L) NO.26864 OF 2021


                     Ms. Nikita Pawar i/b. S.I. Joshi & Co. for the applicant.

                     None for the defendants.


                                                               CORAM : A. K. MENON, J.

DATED : 20TH DECEMBER, 2021. P.C. :

1. IA seeks substitution of the applicant in place of the original

award holder. The applicants now intend to proceed against the

respondents in execution of the Award dated 28 th January, 2013.

It is stated that the applicant is now the assignee of all the debts of

the erstwhile judgment creditor under a Deed of Assignment of

Receivables. Deed of Assignee of Receivables with Underlying Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.12.22 16:32:06 +0530

35.chs-767-14.doc wadhwa Security was executed between the plaintiff and the applicant

dated 29th March, 2019. Ms. Pawar states that the application has

been duly served upon the respondents. The affidavit of service

has been filed. Affidavit dated 2 nd December, 2021 is on record.

She points out that the application is duly served as recorded in

the postal track report annexed to the affidavit.

2. Meanwhile, she points out that respondent no.2 is the guarantor

of the facility granted to respondent no.1 and the assignment

contemplates the debt owing from respondent no.2 to be assigned

to the applicant. She has invited my attention to the schedule no.1

to the Deed of Assignment, copies of which is annexed to the IA.

The name of principal borrower is reflected at Sr.No.4231 of the

Schedule annexed to the Deed of Assignment.

3. In view of the fact that the name of the respondent no.1 appears

in the schedule of the Assignment Deed, I see no difficulty in

allowing this application. Respondents are absent on call.

Accordingly, I pass the following order;

(i) IA is made absolute in terms of prayer clauses (a) and (b).

(ii) Amendment to be carried out within four weeks from

today.

(A. K. MENON, J.)

35.chs-767-14.doc wadhwa