Tata Motors Finance Limited v. Kailash Chand Yadav

1 8-CARBPL-4755-2024.doc by MULEY SHUBHAM PRAVINRAO Date:

2024.08.20 15:25:44 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MULEY SHUBHAM PRAVINRAO ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO. 4755 OF 2024 Tata Motors Finance Limited

...Petitioner

Vs.

Kailash Chand Yadav

...Respondent

WITH COURT RECEIVER REPORT NO. 295 OF 2024 ----------------- Mr. Akash Rebello a/w Gaurav Jangle, Akshita Jain and Nidhi Mistry i/by I. V. Merchant and Co. for the Petitioner.

Mr. N. C. Pawar, O.S.D. to Court Receiver is present. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 20TH AUGUST, 2024 P.C.:- rd July, 2024 after noting the 1.

This Court had vide an order dated 23 conduct of the Respondent being in utter disregard of the orders passed by this Court directed issuance of bailable warrant and made the same returnable today. 2.

Today, I am informed by Learned Counsel appearing on behalf of the Petitioner that the bailable warrant could not be served upon the Respondent since the Respondent continuous to evade the police authorities in Manoharpur, Shubham 1/2

2 8-CARBPL-4755-2024.doc Rajasthan. Learned Counsel invites my attention to the report of service of bailable warrant which is in Hindi language, but records that the Respondent is evading the service.

3.

Hence, given the conduct of the Respondent as noted in the previous orders of this Court which already reflects that the Respondent is acting in disregard of orders of this Court, I deem it fit and appropriate to direct that a non-bailable warrant be issued against the Respondent. The same is made th September, 2024. I find that since the conduct of the returnable on 9 Respondent underminds the majesty of this Court, it is imperative that a copy of this order also be served upon the Superintendent of Police, SP Office Panipech, Near Police Line, Shanti Nagar, Jaipur to ensure that this order is duly complied with.

4.

I make it clear that the quantum of the security want shall be determined by the concerned Police Station.

th September, 2024.

5.

Stand over to 9 (ARIF S. DOCTOR, J.) Shubham 2/2