Delhi High Court - Orders
Precitech Enclosures Systems Pvt Ltd vs Rudrapur Precision Industries & Anr on 22 September, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 305/2023
PRECITECH ENCLOSURES SYSTEMS PVT LTD..... Petitioner
Through: Mr. L.B. Rai, Mr. Kishan Kumar and
Mr. Shivam Bedi,, Advs.
versus
RUDRAPUR PRECISION INDUSTRIES & ANR...... Respondents
Through: Mr. Ashutosh Shandilya, Adv. for
respondent.
Md. Zaryab Jamal Rizvi, Ms.
Firdouse Qutb Wani, Mr. Musheer
Zaidi and Mr. Pulkit Khanduja, Advs.
for 50 % share holders/Directors of
petitioner company (Mr. Sunil Kohli
and Mrs. Seema Kohli) alongwith Mr.
Sunil Kohli, Director, PESPL.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 22.09.2023 I.A No. 18075/2023 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.
O.M.P.(I) (COMM.) 305/2023
1. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeks the following reliefs:
"A. Pass an order for Restraining Respondent No. 2 from selling, alienating, parting with the possession or creating third party interest of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2023 at 22:16:29 the machineries and stocks lying in the premises which is mentioned in the list attached with this petition.
B. Pass an order thereby directing the respondents to handover the possession of the machineries and other equipment belonging to the petitioner company, lying in the premises bearing Plot No. 33, Sector-4, SIDCUL II-E, Pant Nagar, Uttarakhand."
2. It is the case of the petitioner that the respondent no.1 is the landlord of the premises which were let out to the petitioner. There are disputes between the petitioner/tenant and the respondent/landlord with regard to the rent allegedly payable by the petitioner to the respondent no.1.
3. Learned counsel for the petitioner submits that certain valuable machineries and stocks of the petitioner are lying in the premises of the respondent/landlord and access to the same is not being permitted to the petitioner. It is the apprehension of the petitioner that third party right/s shall be created by the respondents in respect of the said machineries and stocks.
4. Learned counsel for the petitioner submits that the respondents be restrained from creating third party rights in respect of the machineries and stocks of the petitioner, which are lying in the premises of the respondent.
5. Learned counsel for the respondent no.1, who appears on advance notice, submits that he has no objection in the petitioner removing the aforesaid machineries and stocks by the petitioner, subject to the payment of the outstanding dues.
6. Mr. Md. Zaryab Jamal Rizvi, who enters appears for a shareholder of the petitioner company (having 50% stake in the petitioner company), submits that the said machineries and stock have been mortgaged to the Axis Bank and action under Section 13(2) and 13 (4) of the SARFAESI Act, have This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2023 at 22:16:29 been taken by the Axis Bank qua the said machineries and stocks. Learned counsel also disputes the validity and veracity of the Board of Resolution dated 27.02.2023 on the basis of which the present petitioner has been filed.
7. On a query from the court, learned counsel for the petitioner submits that adequate arrangement shall be made by the petitioner for storing the aforesaid machineries and stocks in suitable alternative premises in a manner so as to ensure that the same are not damaged. He seeks some time to apprise the court as to the arrangements made in this regard. He further submits that no order/s qua Axis Bank is being sought in these proceedings.
8. List for further consideration on 26.09.2023.
SACHIN DATTA, J SEPTEMBER 22, 2023/ssc This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2023 at 22:16:29