Siemens Financial Services Private Limited v. R V Glass Industries Through Vijay Dhameeja

501-CARBP-756-2025.odt rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 756 OF 2025 Siemens Financial Services Pvt. Ltd.

....Petitioner V/S R V Glass Industries Through Vijay Dhameeja ....Respondent Mr.Anoshak Daver a/w Aoushi Doshi and Sanket Singh i/b India Law LlP for the Petitioner.

Mr.Swayam Chopda, OSD to Court Receiver, present. CORAM : BHARATI DANGRE, J.

DATE :

21st NOVEMBER, 2025.

P.C.

Not on Board. Taken on Board.

1.

By order dated 17/10/2025 passed in Commercial Arbitration Petition No.756/2025, by way of ad-interim relief in terms of prayer clause (c ), the Court Receiver, High Court, Bombay was appointed as Receiver to take symbolic possession of the hypothecated machine/ equipment, with the description set out therein, by invoking all powers under Order XL Rule 1 of the Civil Procedure Code, 1908. 2.

The Petition is circulated in the wake of the urgency as it is informed that when the representative of the Court Receiver, High Court Bombay alongwith representative of the Petitioner, visited the location of the Respondent viz R V Glass Industries, Industrial Unit No.69, Sector 155, Noida, Gautam Buddha Nagar, UP at Unit 69, on 1/2

501-CARBP-756-2025.odt 06/11/2025 at 10.20 a.m. the premises was found to be locked and no person was found present. Since it was informed by the representative of the Petitioner that the hypothecated machine/equipment has been shifted to another location, they proceed Plot No.12, Block B, EcotakeVI Greater Noida, Gautam Buddha Nagar UP, the person present there did not open the gate and did not allow the representative of the Petitioner or the persons accompanying him to enter the premises and on enquiry, no information was provided.

Even when the Advocate of the Petitioner made a phone call to the the landlord, he did not render any co-operation. The report of the representative of the Court Receiver dated 07/11/2025 is placed on record.

3.

In the wake of aforesaid scenario emerging, a request is made by Mr. Daver to permit the representative of the Court Receiver to seek assistance of the local Police Station so as to implement the order passed by this Court on 17/11/2025 In the light of scenario emerging from the report dated 07/11/2025 since it appears that the Court Receiver may not be in a position to implement the order until and unless he receive assistance from Local Police Station, he is permitted to approach local Police Station seeking assistance and upon such a request being made in writing, the local Police Station shall render all the assistance to the Court Receiver to implement the order and direction contained in the order dated 17/10/2025.

Let the compliance be intimated within a period of one week. List on 05/12/2025.

[BHARATI DANGRE, J] 2/2