L And T Finance Limited vs Vivaan Ravindra Salve (Minor)
2021 Latest Caselaw 16206 Bom

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               ORDINARY ORIGINAL CIVIL JURISDICTION

                                               INTERIM APPLICATION NO. 1684 OF 2019
                                                                      IN
                                              EXECUTION APPLICATION NO. 775 OF 2015



                      CFM Asset Reconstruction Pvt. Ltd.                    ...     Proposed Claimant

                      In the matter between

                      L and T Finance Limited                               ...     Original Claimants
                                                                                  Decree Holder
                               vs.
                      Mr. Suresh Dhal and Ors.                              ...     Respondents
                                                                                  Judgment Debtor


                      Ms. Kirti Vagal i/b. D. S. Law for the Applicant.


                                                                       CORAM : A. K. MENON, J.

DATED : 23rd NOVEMBER, 2021

P.C. :

1. This Interim Application seeks substitution of the applicant in place of

original Award holder pursuant to deed of assignment dated 26 th June, 2019.

The record indicates that the respondents were served with Chamber

Summons No. 426 of 2014 and an ad-interim order came to be passed on RAJESHWARI RAMESH 30th June, 2015. Thereafter respondents have not appeared in Court. PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2021.11.24 16:39:13 +0530 1/2 36-chs-426-2014-exa-775-2015-ia-1684-2019.odt rrpillai

2. The application today being one for substitution in my view can be

granted after which the newly substituted applicant shall serve the

respondents afresh. Accordingly, I pass the following order.

(i) Interim application is allowed in terms of prayer clause (a), (b) and (c).

(ii) Application shall be served upon respondent judgment debtor on or

before 7th December, 2021 and affidavit of service to be filed on or

before 10th December, 2021. If affidavit of service is not filed by

10th December, 2021 matter is liable to be rejected on the next date.

(iii)    List on 13th December, 2021.

(iv)     Interim Application is disposed in the above terms.



                                                                 (A. K. MENON, J.)

36-chs-426-2014-exa-775-2015-ia-1684-2019.odt rrpillai