L and T Finance Ltd v. P. Rajendran & Anr.

Ms. Sarika Karnik i/b S.I. Joshi & Co. for the Petitioner. CORAM: V.M.KANADE, J. DATED: 3RD MARCH, 2010. P.C. Heard the learned Counsel appearing on behalf of the Petitioner. None appears on behalf of the Respondents though they are served. Petitioner’s counsel has filed an affidavit of service dated 12th October, 2009. By an order dated 17th September, 2009, this Court was pleased to grant ad-interim relief in terms of prayer clause (d). Since the Respondents have not appeared, the averments made in the petition are not controverted. The Petitioner is therefore, entitled to get further protection. Interim relief accordingly granted in terms of prayer clause (a-i) and (a-ii) which read as under: a-i) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is 2 enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, Court Receiver, High Court, Bombay be appointed as a Receiver under Order XL Rule 1 of C.P.C. in respect of 2 Nos. of Equipments being 1 No. of Tractor having Model John Deere 5103/40 HP bearing Engine No. PY3029D142943 and Chassis No.PY5103B01318 along with 1 No. of Two Wheeler Trailer 10x6x1 1/2-5 Ton Capacity bearing Chassis No. RT 95 2006, more particularly described in Exhibit “F” to the Petition hereto, with a direction to take possession of the said Equipments without giving notice of their visit to the Respondents and for that purpose, this Hon’ble Court be pleased to direct the Concerned Police Station to render Police Assistance for the purpose of taking possession of the said Equipments and hand it over to the Petitioner and Petitioner be allowed to sale the same by private treaty the said Equipments; a-ii) Pending the hearing and final disposal of the arbitration proceedings or at any time after the 3 making of the Arbitral Award but before it is enforced in accordance with Section 36 of the Arbitration and Conciliation Act 1996, the Court Receiver be allowed to take forcible possession of the said Equipments with the help of police assistance by breaking open the seals and/or locks of whatsoever nature or by whomsoever put on the premises where the said Equipments are lying: 2 Petition is accordingly allowed and disposed of in the aforesaid terms. Liberty to apply.

(V.M. KANADE, J.)