Reliance Commercial Finance Limited v. P D Memorial Religious And Educational Association
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 449/2017 & IA No.13026/2017 RELIANCE COMMERCIAL FINANCE LIMITED..... Petitioner Through:
Mr S. K. Sen, Advocate.
versus P D. MEMORIAL RELIGIOUS AND EDUCATIONAL ASSOCIATION ..... Respondent Through:
Ms Anju Lal and Ms Shalu Lal, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 21.02.2018 1.
The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia, praying as under:- "(i) Appoint Sh.
Shri Chandra representative of the Petitioner/Applicant company as a Court Receiver with direction to take possession of the below mentioned 111 subject vehicles i.e;
Vehicle Vehicle Regn. No.
AL VIKING BUS HR63B8364 AL VIKING BUS HR56A4456 AL VIKING BUS HR63B7093 AL VIKING BUS HR63B7528 AL VIKING BUS HR56A4271 AL VIKING BUS HR56A4316 AL VIKING BUS HR63B6665 AL VIKING BUS HR63B6793 AL VIKING BUS HR63A6774 HR63A8224
HR63A8225 HR63A8226 HR63A8227 HR63A8910 HR63A8911 HR63A8917 HR63B0760 HR63A4890 HR63A5643 HR63B0970 HR63A4891 HR63B0976 HR63B0540 HR63A8665 HR63B0758 HR63A4892 HR63A8662 HR63B0755 HR63A8664 HR63A2473 HR63B0977 HR63B0759 HR63A7040 HR63B0755 HR63B0978 HR63A7041 HR63B0538 HR63B1281 HR63A4358 HR63A4361 HR63B4795 HR63B3762 HR63A2465 HR63A5967 FORCE TEMPO TRAVELL HR63A7613 HR63B3763 HR63A8219 HR63B3764
HR63A8213 HR63A8204 HR63B3765 HR63A8214 HR63B4214 HR63A5642 HR63A5643 HR63B4215 HR63B4483 HR63A5644 SAWARAJ MAZDA. BUS HR63A9210 SAWARAJ MAZDA. BUS HR63A5645 HR63B4484 HR63B4486 HR63B3766 HR63A9211 HR63A5749 HR63B3766 HR63A7439 HR63A7040 HR63B3769 HR63A8202 HR63A6774 HR63A8203 HR63A6769 HR63C4730 HR63A6789 HR63A8205 HR63A7440 HR63A8206 HR63A8667 HR63A8207 HR63A6771 HR63A8668 HR63A8208 HR63A6773 HR63A8209 HR63A8663
SAWARAJ MAZDA. BUS HR63A8210 HR63B1404 HR63A8211 HR63C6674 SAWARAJ MAZDA BUS SOUTH HR63B1405 HR63A8215 HR63B1515 HR63C5472 HR63A8220 HR63B1546 HR63A4357 HR63B1547 HR63A8200 HR63B3767 HR63A8201 SAWARAJ MAZDA. BUS HR63A8221 FORD ENDEAVOUR HR13G8181 MAHINDRA SCORPIO HR13G9495 TOYOTA FORTUNER HR10N0063 TOYOTAINNOVA HR13D9405 FORD ENDEAVOUR HR13J1818 FORD ENDEAVOUR HR13D9699 HYUNDAIVERNA HR13J7778 FORD ENDEAVOUR HR13E8181 SCORPIO HR13F2727 from the respondent, their agents and any other person found to be in possession of the said vehicle from wherever it is found and after taking inventories, the said vehicle be handed over to the custody of the Petitioner/Applicant or their representative with the liberty to the Petitioner/Applicant to sell the said vehicle and adjust the sale proceeds thereof against their claim under the said Agreement and also direct the S.H.O. of the area concerned where the said vehicles are found to provide police assistance to the receiver in taking the possession of the said vehicles; AND/OR;
a. To direct the respondent to disclose his list of immovable properties;
b. To direct the respondent to furnish security before this court to the extent of claim amount."
2.
The present petition was moved on 07.11.2017. On that date this Court had passed an ad interim order directing the respondent not to dispose of or create any third party interest in respect of the vehicles as detailed above.
3.
The learned counsel appearing for the respondent states that the parties have already entered into a settlement and have also executed an agreement in that regard. The learned counsel appearing for the petitioner states that he has no such instructions.
4.
In view of the above, this Court considers it apposite to dispose of this petition by directing that the ad interim order, as passed on 07.11.2017, be continued for a further period of 30 days.
5.
In the event, the disputes subsist, the petitioner would be at liberty to take steps for constitution of the Arbitral Tribunal within a period of 30 days and pursue its remedies (including for measures of interim protection) before the Arbitral Tribunal.
6.
The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J FEBRUARY 21, 2018/MK