Reliance Capital Ltd v. Nayakara Industries And 2 ORS.

CRR112.17-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.112 OF 2017/I-Group IN ARBITRATION PETITION (L) NO.1140 OF 2016 Reliance Capital Limited )....Petitioner V/s.

Nayakara Industries and Ors.

)....Respondents ---- Mr.Nilesh Gala i/by M/s.Law Square for the petitioner. ---- CORAM : K.R.SHRIRAM,J DATE : 19.7.2017 P.C.:- Pursuant to an order passed by this Court on 27.10.2016, the Court Receiver took symbolic possession of the suit machineries on 22.11.2016. Mr.Gala appearing for the petitioner states thereafter the respondents have not come forward to make any payment or even offer settlement. Mr.Gala states that the respondents have not even entered appearance or filed any reply. Mr.Gala prays that Court Receiver be directed to take physical possession of this suit machineries because he apprehends that, in view of the silence of the respondents, they may not even hesitate to dispose of these machineries behind the petitioner's back or without informing the Court Receiver.

I am inclined to accept the prayer made by Mr.Gala. The KJ

CRR112.17-12 Court Receiver therefore, to take physical possession of the suit machineries. Petitioner also to pay cost of the Report in the sum of Rs.3,000/-.

Court Receiver's report accordingly stands disposed. At the request of the advocate for the petitioner, petition also stands disposed.

(K.R.SHRIRAM,J) KJ