Siemens Financial Services Private Limited v. Priya, Sole Proprietor, Pcl Enterprises And ANR
1 17-CARBPL-19126-2024.doc Digitally signed by MULEY SHUBHAM PRAVINRAO Date:
2024.08.29 18:06:38 +0530 MULEY SHUBHAM PRAVINRAO
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO. 19126 OF 2024 Siemens Financial Services Private Limited
...Petitioner
Vs.
PCL Enterprises & Anr.
...Respondents
WITH COURT RECEIVER REPORT NO. 347 OF 2024 ----------------- Mr. Anoshak Daver a/w Aushi Doshi and Yash Dadriwal i/by India Law LLP for the Petitioner.
Mr. N. C. Pawar, O.S.D., Court Receiver is present. Mr. Gajanan Surve, Master (Adm.), Court Receiver is present. ----------------- CORAM : ARIF S. DOCTOR, J.
th AUGUST, 2024 DATE : 26 P.C.:- 1.
The present order is necessitated in the most unfortunate and in fact regrettable circumstances. This Court had, by its previous orders, specifically directed the Khuskera Police Station, Bhiwadi, Alwar Rajasthan to render the necessary assistance to the Court Receiver, High Court of Bombay so as to enable rd July, compliance of the various orders passed by this Court i.e. orders dated 23 th August, 2024, 9 th August, 2024 and 12 th August, 2024. Despite my 2024, 8 specific directions to the S.H.O. of Khuskera Police Station as also to the 1/3
2 17-CARBPL-19126-2024.doc Superintendent of Police of the Bhiwadi District, not only have the police authorities of the Khuskera Police Station not taken the requisite steps, but in my prima facie view have in fact resisted the orders of this Court from having been given effect to. It is this conduct on the part of the police authorities which is indeed regrettable and disturbing. Learned Counsel for the Petitioner has today nd August, 2024 in which the Petitioner has set out the filed an affidavit dated 22 efforts taken by the Court Receiver as also the huge costs incurred pursuant to orders of this Court. It is thus that I am today compelled to issue notice to the said police authorities calling upon them to show cause why the orders of this Court have not been complied with despite the specific directions. For this purpose, let notice be issued to:- 1.
Jeshtha Maitreyee (S. P. of Bhiwadi District), UIT Road, Sector 5, UIT, Alwar Rajasthan - 301019. 2.
Virendra Singh (S.H.O. of Khuskera Police Station), Khuskera Police Station Burhi Bawal - Dharuhera Rd, Khushkhera, Bhiwadi, Alwar Rajasthan - 301707.
2.
It is made clear that on the next date they may appear either through Pleader or in person. It is also made clear that they may appear virtually on the link provided hereinbelow:- Link - https://zoom.us/my/sbcourt35 Meeting Number - 266 815 2888 2/3
3 17-CARBPL-19126-2024.doc 3.
It is made clear that if on the next date they do not appear, the Court shall be constrained to pass such orders so as to ensure their personal presence before this Court. Let a copy of this order be served upon the Director General of Police, Rajasthan for his necessary information and record. 4.
Court Receiver today tenders a copy of Court Receiver Report No.347 of 2024. The same is taken on record.
th September, 2024 at 2.30 p.m.
5.
Stand over to 9 (ARIF S. DOCTOR, J.) 3/3