- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1987 OF 2009 in ARBITRATION PETITION NO.597 OF 2008 L & T Finance Limited ... Plaintiff vs Naresh Vishnu Pawar & anr ... Defendants Ms.Shakuntala Joshi i.b M/s S.I.Joshi for Plaintiff Mr.R.G.Ketkar Ist Assistant to Court Receiver present ... CORAM: R.V.MORE,J DATED: January 11, 2010 P.C. 1. Heard Ms.Joshi for the Petitioner and Mr.R.G.Ketkar, Ist Assistant to Court Receiver. None appears on behalf of the respondent. 2. By an order dated 19th December 2008 this Court appointed Court Receiver, High Court, Bombay as receiver on the suit machinery more appropriately described in Exhibit F to the petition with a direction to take possession of the suit machinery. The respondent thereafter by a letter dated 8th April, 2009 informed the Petitioner to take possession of the suit machinery. The said letter is annexed as Exhibit B to the Chamber Summons. By the said letter, the respondents also gave no objection to sell the suit machinery by the - 2 - Petitioner. The Petitioner in pursuance to the letter has taken possession of the said machinery and the same is lying presently at Shree Sai Enterprises, Plot No.12, Parsik Mumbra (Kalva), District Thane. It is the case of the Petitioner that if the machinery is not disposed of it will not only lose its value but, will deteriorate further. A copy of the Chamber Summons is served upon the sister-in-law of the respondent no.2. She has accepted the service but, has refused to sign the said service. In that view of the matter, Chamber Summons is deemed to have been legally served upon the respondents. Inspite of the said fact, nobody appears on behalf of the respondents. 3. Court Receiver has no objection if the Petitioner is allowed to sale the said machinery subject to payment of costs and charges and expenses of the office of the Court Receiver. The respondent also by a letter dated 4th April, 2009 has given no objection to the Petitioner to sell the machinery. In the above facts and circumstances, Chamber Summons is allowed in terms of prayer clauses (a) and (b). Court Receiver is directed to provide copy of financial statement of accounts to the Petitioner. R.V.More, J - 3 -