Profectus Capital Pvt Ltd Through Authorised Representative Mr Ganesh B Aparaj v. Poonam Bhushan Garud And ANR.

11-CRR-462-2024-CARBP-738-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COURT RECEIVER'S REPORT NO. 462 OF 2024 IN COMM. ARBITRATION PETITION NO. 738 OF 2024 Profectus Capital Pvt. Ltd.

through Authorised Representative Mr. Ganesh B. Aparaj

...Petitioner(s)

Versus

Poonam Bhushan Garud and Anr.

...Respondent(s)

None for Petitioner.

Advocate for Respondent No. 1 and Advocate for Owner of the premises were represented but appearance has not been submitted. Mr N C Pawar, Court Receiver, High Court Bombay, present. CORAM : SOMASEKHAR SUNDARESAN, J.

Date : April 7, 2025 P. C.

1.

It is seen from the record that way back on September 28, 2024, the representative of the Learned Court Receiver along with the representative of the Petitioner have taken possession of the premises specified and the machineries specified contained therein and handed them over to the Petitioner. Since, none appears for the Petitioner yet again, it would be appropriate to hand over the keys of the shop/gala which are under the lock and seal of the Court Receiver, to the owner of the premises who is present in April 7, 2025 Shraddha

11-CRR-462-2024-CARBP-738-2024.doc Court today, namely, Shop No. 36/1/1, Shade No. 2, Opposite to Rohit Heights, Narhe, Pune-411041.

2.

The jurisdiction under Section 9 is meant to be for temporary interim measures in aid of arbitration. It is expected that the Petitioner apprises the Court about the status of the arbitration and the execution of the arbitral award, if any. Since that has not been done, the aforesaid directions are being passed today. This is being done, as a last chance to enable the Petitioner, to update the Court about the arbitration proceedings, on April 21, 2025 under the caption, "Directions".

3.

The owner shall be entitled to approach the Learned Court Receiver to take the keys which are in the possession of the Court Receiver. 4.

Court Receiver's Report No. 462 of 2024 is allowed in terms of prayer clause (a) and is hereby disposed of.

5.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] April 7, 2025 Shraddha