L And T Finance Limited vs Harishankar Roy And Anr
2021 Latest Caselaw 17655 Bom

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


                                           CHAMBER SUMMONS NO.853 OF 2013
                                                            IN
                                          EXECUTION APPLICATION NO.734 OF 2017


                     L & T Finance Ltd.                      .. Applicant/Plaintiff
                              v/s.
                     Harishankar Roy & Anr.                  .. Defendants


                                                          WITH
                                         INTERIM APPLICATION (L) NO.26892 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 L & T Finance

Ltd.-the original applicant and award holder. The applicants now

intend to proceed against the respondents in execution of the

Award dated 28th 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

Digitally signed by SANDHYA Assignee of Receivables with Underlying Security was executed SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.12.22 16:32:05 +0530

34.chs-853-13.doc wadhwa between the plaintiff and the applicant dated 29 th March, 2019.

Ms. Pawar states that it is not possible to personally serve the

applicants. She intends to file an affidavit of service which is

now ready. She undertakes to file the same and some time is

granted.

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 Schedule contains names of numerous borrowers and at

sr.no.2763 of the said list, the name of the respondent no.1

appears along with principal outstanding at that date.

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. 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) Affidavit of service shall be filed within one week from today.

(A. K. MENON, J.)

34.chs-853-13.doc wadhwa