Bombay High Court
Mahindra And Mahindra Limited vs Dc Motor Works Private Limited And 4 Ors on 17 March, 2020
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Commercial Arbitration Petition (L) NO. 247 OF 2020
Mahindra And Mahindra Limited ...Petitioner
Versus
Dc Motor Works Private Limited And Ors ...Respondents
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Mr.Sandesh Shuka with Vevek Patil i/b. Vivek Patil & Associates, for the
Petitioner.
Mr.Nadeem Shama with SubabSayyed and Mr.Salman Atharia i/b.
Triumah Legal, for Respondent no.1
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CORAM : G.S. KULKARNI, J.
DATE : 17 March 2020
P.C.:
1. Heard learned Counsel for the petitioner and learned Counsel for
respondent no.1. Respondent no.2 came to be impleaded on the ground
that he is a Director, however, he is no more Director. Respondent nos.3
and 4 are the Directors of respondent no.1. Respondent no.5 is
Insolvency Resolution Professional (I.R.P.) in respect of a
company-M/s.Dilip Chabria Designs Pvt. Ltd. appointed by the National
Company Law Tribunal, Mumbai in Petition no.CP/1967(IB)/MB/2019.
The prayer of the petitioner in this petition interalia is that respondent
no.1 be directed to hand over nine vehicles, details of which are set out
in paragraph 11 of the petition. These vehicles were handed over to
respondent no.1 under the Service Agreement dated 29 March 2019 for
the purpose of customization as per the requirement of the petitioner's
customers. It so happened that respondent no.1 was using the premises
of one M/s.Dilip Chabria Designs Pvt.Ltd. to undertake the job of
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customization and the vehicles are today lying in the premises of the
said company in respect of which I.R.P. has been appointed which is
impleaded as respondent no.5 as noted above. The premises of M/s.Dilip
Chabria Designs Pvt. Ltd. are at Sanghavi Compound, Pune-Mumbai
Highway, Chinchwad Station, Pune 411 019.
2. Learned Counsel for respondent no.1 on instructions would
submit that his clients do not have any objection for the vehicles in
question to be handed over to the petitioner. He would submit that in
fact respondent no.1 had called upon the petitioner to take possession of
the vehicles, but the vehicles could not be handed over as the workers of
M/s.Dilip Chabria Designs Pvt.Ltd. had caused obstruction as there are
disputes between the workers and the said company as regards payment
of wages. As far as IRP of the said company is concerned, he was served
and Mr.Joel Carlos, learned Advocate had appeared for him, as seen
from the order dated 3 March 2020 passed by this Court (G.S.Patel,J.).
Learned Counsel for the petitioner would inform that even the IRP has
no objection for the vehicles to be handed over to the Petitioner.
3. Having heard the learned Counsel for the parties and having
perused the averments as made in the petition, admittedly the contract
for customization of these vehicles is between the petitioner and
respondent no.1. Respondent no.1 had simplicitor used the premises of
M/s.Dilip Chabria Designs Pvt.Ltd. for undertaking the work of
customization. Admittedly there is no privity of contract between the
petitioner and M/s.Dilip Chabria Designs Pvt.Ltd.. The vehicles
indisputedly belong to the petitioner which is confirmed by respondent
no.1 as well. Neither M/s.Dilip Chabria Designs Pvt.Ltd. or any of the
workers of the said company can have any claim, right, title and interest
in respect of the vehicles in question, which belong to the petitioner. In
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these circumstances, it would not be proper on the part of the workers
to prevent respondent no.1 from handing over the vehicles to the
petitioner.
4. In the aforesaid circumstances, pending the adjudication of the
disputes which have arisen between the petitioner and respondent no.1
under the service agreement dated 29 March 2019, it is necessary that
the possession of the vehicles in question is handed over to the
petitioner which is also consented on behalf of respondent no.1.
Accordingly the following order:-
ORDER
(i) There shall be an order in terms of prayer clauses (a), (b), (d) and
(e) of the petition, which read thus:-
"(a) The Hon'ble Court may kindly pass an interim order u/s.9 of Arbitration and Conciliation Act,1996 for appointing a Court Receiver, with directions to take possession of the 9 (nine) vehicles belonging to the Petitioner which are in compound located at Sanghvi Compound, Chinchwad, Pune;
(b) Pending the arbitration, in accordance with the Arbitration and Conciliation Act,1996, the Insolvency Resolution Professional, Respondents and their respective servants and agent be restrained by an order of injunction of this Hon'ble Court in any manner, parting with possession and/or creating third party rights and/or alienating and/or encumbering of the 9 (nine) vehicles belonging to the Petitioner which are in compound located at Sanghavi Compound, Chinchwad, Pune;
(d) The Respondents be directed to hand over the possession of the 9 (nine) vehicles belonging to the petitioner which are in compound located at Sanghvi Compound, Chinchwad, Pune to the Petitioner and/or to the authorized representative of the Petitioner pvr 4 903carbpl247-20 or to the Court Receiver duly appointed by this Hon'ble Court on as is where is basis;
(e) The Hon'ble Court may please to direct local police station to provide assistance to the receiver while executing the Order of this Hon'ble Court of taking possession of the 9 (nine) vehicles belonging to the Petitioner which are in compound located at Sanghvi Compound, Chinchwad, Pune belonging to the Petitioner."
(ii) The Police Officer Incharge of the Chinchwad Police Station or other local police station to act on the authenticated copy of this order in providing police protection to the representatives of the petitioner to execute the present order. The physical possession of the vehicles be taken by the Petitioner within one week from today. Ordered accordingly.
(iii) Disposed of in the above terms.
(iv) All contentions of the parties on merits of the dispute are expressly kept open.
(v) Liberty to apply. Prashant V. Rane Digitally signed by Prashant V. Rane Date: 2020.03.17 [G.S. KULKARNI, J.] 19:31:47 +0530