chs172-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.172 OF 2010 IN ARBITRATION APPLICATION NO.377 OF 2009 L & T Finance Ltd. ....Petitioner V/s. M/s.Atithi Gokuk Roadlines & Ors. ....Respondents Ms.S.I. Joshi i/b M/s.S.I. Joshi & Co. for the Petitioner. None for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 22ND NOVEMBER, 2010. P.C. :- 1. The Court Receiver was appointed on the petitioner’s application. The Court Receiver however, never took possession of the said vehicle. The vehicle has always been in possession of one of the parties. The Court Receiver has only addressed one letter during the course of his appointment. 2. In the circumstances, even if the commission was payable, this is a fit case to exercise discretion under section 591 by waiving the commission. 3. The chamber summons is therefore made absolute in terms of prayer (a).