Bombay High Court
Tata Capital Financial Services Ltd vs Sterling Motor Company And 4 Ors And ... on 20 October, 2021
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
8.ial.22854.21..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ANJALI
IN ITS COMMERCIAL DIVISION
Digitally signed by
ANJALI TUSHAR
TUSHAR ASWALE
Date: 2021.10.21
ASWALE 12:16:40 +0530
INTERIM APPLICATION(L)NO.22854 OF 2021
IN
COMMERCIAL ARBITRATION PETITION NO. 172 OF 2020
Tata Capital Financial Services Ltd ..Applicant (Orig.Petitioner)
Vs.
Sterling Motor Co. & Ors ..Proposed Respondents
Mr.Jehaan Mehta a/w Sanaya Dadachanji, Advait Raorane i/b Manilal
Kher Ambalal & Co, for the Applicant.
Mr.Ranjeev K. Pandey, Sachin Kanse i/b Jyoti Chorpade, for proposed
Respondent Nos.6 & 7.
Mr. Vaibhav Bhura a/w Gajanan P. Shinde, for the proposed
Respondent No.8.
Mr. Kunal Dwarkadas a/w Viloma Shah, Dhiren Durante i/b Lexicon
Law Partners, for the proposed Respondent No.9.
Ms. Kanchan Rane, 1st Asst. to Court Receiver is present.
N. S. Chavan, Clerk of the office of Court Receiver is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- OCTOBER 20, 2021.
P. C.:
The above Interim Application is filed seeking a formal Aswale 1/4
8.ial.22854.21..doc amendment to the above Section 9 Petition to bring on record the legal heirs of Respondent No.4 i.e. Respondent Nos. 6 to 9 to enable the learned Court Receiver to address suitable communications to the legal heirs for the purposes of taking symbolic possession of the properties of the deceased in receivership under the order passed by this Court on 26th February, 2020. By the said order, the Court Receiver was inter alia directed to take symbolic possession of the Gurgaon Haryana land.
It was directed that the Court Receiver shall not disturb the possession of any lessee and he shall obtain necessary documents of lease and will confirm the identity of the lessee and his relationship, if any, with the 4 th Respondent and the 4th Respondent's spouse Geeta Passi (Respondent No.6 to the Interim Application). The above Section 9 Petition was thereafter disposed of by the order dated 21 st September, 2021 under which the above Section 9 Petition was converted into an application under Section 17 of the Arbitration and Conciliation Act, 1996 to be heard and disposed of by the Arbitral Tribunal. The said Section 17 application is still pending before the Arbitral Tribunal. 2 The reason why the present amendment is necessitated is because the Court Receiver has addressed a letter dated 1 st October, 2021 to the advocates for the Petitioner inter alia stating that they require the legal heirs to be brought on record in the above Petition Aswale 2/4
8.ial.22854.21..doc before the Court Receiver can address any communication to them. 3 The heirs of the deceased Respondent No.4 are all represented by advocates today. They have all fairly stated that without prejudice to their rights and contentions in the Section 17 application, pending before the Arbitral Tribunal, and considering that this is only a formal amendment, they have no objection if the Interim Application is allowed joining them in the above Section 9 Petition. 4 In view of the aforesaid stand taken by the parties, the Interim Application is allowed in terms of prayer clause (a) which reads thus:-
"a) this Hon'ble Court be pleased to pass an Order impleading the legal heirs of Respondent No.4 i.e. Respondent Nos.6 to 9 to this Interim Application as party Respondents in Commercial Arbitration Petition No.172 of 2020 to enable the Ld. Court Receiver to address notice/communication to the legal heirs to take symbolic possession of the properties of the Deceased in Receivership under the Order of this Hon'ble Court dated 26 th February 2020."
5 The Amendment shall be carried out within a period of one week from today and a copy of the amended Petition shall be served on the office of the Court Receiver. There is no need to serve amended Aswale 3/4
8.ial.22854.21..doc copy on the Respondents as they were party before the Arbitral Tribunal and proceeding with the Section 9 Petition.
6 This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. ) Aswale 4/4