Siemens Financial Services Private Limited v. Leeway Logistics Limited And 3 ORS

24-CHSCD-21-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS NOL. 21 OF 2016 IN ARBITRATION PETITION NO. 48 OF 2016 Siemens Financial Services

...Petitioner

Versus

Leeway Logistics Ltd & Anr

...Respondents

Ms Gayatri Mohapatra, with Pinaki Bhagwat i/b Indian Law for the Petitioners.

Mrs Kavita Ambekar, II nd Assistant to Court Receiver present.

CORAM: G.S. PATEL, J DATED:

20th February 2017 PC:- 1.

The secured assets have already been sold by private treaty. Possession is still with the Court Receiver appointed earlier. The Chamber Summons seeks a direction to the Court Receiver to deliver possession of the hypothecated equipments mentioned in Exhibit "Q" to the Petition to the purchasers SFS Equipments Pvt Ltd and thereafter for a discharge of a Court Receiver. 20th February 2017

24-CHSCD-21-2016.DOC 2.

The Chamber Summons is made absolute in terms of prayer clause (a).

3.

The Receiver will deliver possession within a period of three weeks from today. The Court Receiver will stand discharged without passing accounts and on payment of his costs, charges and expenses by the Petitioner within a period of two weeks thereafter. 4.

Nothing further survives in the Petition under Section 9 of the Arbitration and Conciliation Act 1996, which is disposed of accordingly and in the above terms with no order as to costs. (G. S. PATEL, J.) 20th February 2017