L And T Finance Ltd vs Mr. Shreepalkumar Pukharaj And ...
2021 Latest Caselaw 16118 Bom

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

                       INTERIM APPLICATION NO.1312 OF 2019
                                        IN
                      EXECUTION APPLICATION NO.1697 OF 2016

CFM Asset Reconstruction Pvt. Ltd.                     .. Applicant
In the matter between
L & T Finance Ltd.                                     .. Claimant-Decree Holder
       Vs.
Arvind Kumar Choudhary and Ors.                        .. Respondents-Judg. Debtors


Ms. Shraddha Patil, i/by D.S. Law, for the Applicant/Claimant.
None for the Respondents-Judgment Debtors.

                                          CORAM : A. K. MENON, J.

                                          DATE     : 22ND NOVEMBER, 2021.
P.C. :

1. On behalf of the applicant, learned counsel submits that there has been

a change of Advocate. She states that she intends to enter appearance in place

of the existing Advocates, who have entered appearance in the Execution

Application. The current Advocate in the Execution Application is also

represented. She has endorsed her no objection on the vakalatnama in the IA.

Accordingly, vakalatnama shall be filed in the registry on or before 26 th

November 2021. This appearance shall be treated as appearance in the

Execution Application as well. No separate vakalatnama needs to be filed in

the Execution Application.

2. The IA seeks substitution of the applicant-CFM Asset Reconstruction

38-IA-1312-2019.doc Dixit Pvt. Ltd. since the original claimant-L & T Finance Ltd. has assigned debt to the

present applicant. The respondents-judgment debtors are not represented

today. It appears that they have not been served with this IA. However, since

this IA is only for substitution of the applicant by virtue of a Deed of

Assignment dated 26th June 2019, a fact that is admitted by the original

claimant-decree holder, I am of the view that this application is liable to be

allowed.

3. Accordingly, I pass the following order :-

(i) Subject to filing vakalatnama on behalf of the applicant, as directed, IA is allowed in terms of prayer clauses (a),

(b) and (c).

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

(iii) If vakalatnama is not filed or the amendment is not carried out within the stipulated period, Execution Application would stand dismissed without further reference to the court.

(iv) If vakalatnama is filed and the amendment is carried out, all objections in the Execution Application shall be complied within a further period of four weeks, failing which the Execution Application shall stand dismissed without further reference to the court and no further application shall be entertained in execution.

(v) IA is disposed in the above terms.

(A.K. MENON, J.)

Digitally signed SNEHA by SNEHA ABHAY DIXIT 38-IA-1312-2019.doc ABHAY Date:

Dixit 2021.11.23 DIXIT 14:38:54 +0530