Bombay High Court
Ashok Shah And 2 Ors vs Siroya Fm Constructions Pvt Ltd on 15 January, 2019
Author: S.C.Gupte
Bench: S.C.Gupte
sat 1/2 carbp 195-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO. 195 OF 2016
Ashok Shah & Ors. ...Petitioners
vs
Siroya FM Constructions Pvt.Ltd. ...Respondent
Ms.Shilpa Kapil I/b. Ravi Kotian for Petitioners.
Ms.Sunita V. Golatkar, Master (Adm.), representative of Court Receiver.
CORAM : S.C.GUPTE, J.
DATE : 15 JANUARY 2019
P.C. :
The commercial arbitration petition inter alia seeks
appointment of a Court Receiver as a protective order under Section 9 of the Arbitration and Conciliation Act, 1996.
2 By an order dated 21 July 2016, Court Receiver, High Court, Bombay was appointed as a receiver in respect of the unsold properties of the Respondent qua the suit project and the Receiver was directed to take possession of such unsold properties forthwith and submit a compliance report.
3 The Receiver's representative present in court informs the court that the Court Receiver has not been able to take possession of the properties as of date. The representative submits that as many as four communications were addressed by the Court Receiver to the Respondent calling for particulars of unsold properties but that there has been no response on the part of the Respondent.
::: Uploaded on - 16/01/2019 ::: Downloaded on - 17/01/2019 23:46:40 :::sat 2/2 carbp 195-2016.doc 4 The Court Receiver may place his report on record annexing
inter alia copies of letters addressed by the Court Receiver to the Respondent for compliance with the order of 21 July 2016. The report to be presented within two weeks from today.
5 Place this arbitration petition along with the report to be submitted by the Court Receiver on 6 February 2019, when further orders will be passed on the arbitration and the report.
(S.C. GUPTE, J.) ::: Uploaded on - 16/01/2019 ::: Downloaded on - 17/01/2019 23:46:40 :::