L And T Finance Ltd vs Gagandeep Singh Mehta And ...
2021 Latest Caselaw 17654 Bom

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


                                            CHAMBER SUMMONS NO.1095 OF 2014
                                                             IN
                                          EXECUTION APPLICATION NO.2582 OF 2015


                     L & T Finance Ltd.                              .. Applicant/Plaintiffs
                              v/s.
                     Gagandeep Singh Mehta & Anr.                    .. Defendants/Respondents


                                                           WITH
                                          INTERIM APPLICATION (L) NO.26862 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 Security was executed between the plaintiff and the applicant SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.12.22 16:32:05 +0530

36.chs-1095-14.doc wadhwa dated 29th March, 2019. Ms. Pawar states that the application has

been duly served upon the respondents. The affidavit of service

has been filed. 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.43 and 44 of the Schedule annexed to the Deed of

Assignment.

2. 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.

(iii) Attempt at service to be filed within one week from

today.

(A. K. MENON, J.)

36.chs-1095-14.doc wadhwa