Bombay High Court
Carnet Elias Fernandes And Anr vs Aditya Birla Finance Limited And The ... on 5 October, 2018
Author: B.P. Colabawalla
Bench: S.C. Dharmadhikari, B.P. Colabawalla
(906) nma-751-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.751 OF 2018
IN
APPEAL NO.360 OF 2016
ALONGWITH
NOTICE OF MOTION (LODGING) NO.2618 OF 2005
IN
APPEAL NO.360 OF 2016
IN
ARBITRATION PETITION NO.1118 OF 2015
Aditya Birla Finance Limited ... Applicant
(Orig. Respondent)
In the matter between
Mr.Carnet Elias Fernandes and Anr. ... Appellants
(Orig. Appellants)
Vs.
Aditya Birla Finance Limited ... Respondent
(Orig. Respondent)
And
The Court Receiver, High Court, Bombay ... Respondent No.2
WITH
APPEAL NO.360 OF 2016
IN
ARBITRATION PETITION NO.1118 OF 2015
M.M.Salgaonkar Page 1 of 2
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(906) nma-751-2018.doc
Mr.Nikhil Mehta i/b KMC Legal Venture for the Applicant/Orig.
Respondent
Ms.Sonia Sunil i/b Brijesh Pathak for the Original Appellants.
CORAM : S.C. DHARMADHIKARI &
B.P. COLABAWALLA, JJ.
FRIDAY, 5TH OCTOBER, 2018 P.C. :
1 After having perused this Notice of Motion alongwith affidavit in support, we are of the view that the Court Receiver needs to be discharged.
2 The Notice of Motion is, therefore, made absolute in terms of prayer clause (a) and (b) and stands disposed of accordingly. There will be no order as to costs.
[ B.P. COLABAWALLA, J.] [ S.C. DHARMADHIKARI, J.] M.M.Salgaonkar Page 2 of 2 ::: Uploaded on - 08/10/2018 ::: Downloaded on - 09/10/2018 00:37:47 :::