Calcutta High Court
Hinduja Leyland Finance Limited vs Debdas Routh & Anr on 27 October, 2017
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
G. A. No. 2964 of 2017
With
A. P. No. 180 of 2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
In the matter of:
HINDUJA LEYLAND FINANCE LIMITED
Versus
DEBDAS ROUTH & ANR.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 27th October, 2017.
Appearance:
Mr. Swatarup Banerjee, Adv.
Mr. Shibnath Bhattacharya, Adv.
Mr. Pijush Biswas, Adv.
Mr. Abhishek Bhattacharya, Adv.
Mr. Priyankar Saha, Adv.
The Court : G. A. No. 2964 of 2017 is made part heard.
The Court is in the midst of hearing the plea taken by Mr. Saha's
clients that this Court has no territorial jurisdiction to entertain and determine
the Section 9 application in as much as the seat of arbitration is not situated
within the jurisdiction of this Court.
Meanwhile the petitioner financier took physical possession of the
vehicle. Mr. Saha for the petitioner admits that the order of this Court was for
symbolic possession. The respondents were not cooperative at all and did not
even produce the vehicle. That is why his client took physical possession thereof. He also submits that the respondents owe a substantial sum to the petitioner on account of unpaid installments.
It is true that the order of this Court was only for symbolic possession. In those circumstances, on 6th November, 2017, the petitioner financier will release possession of the vehicle in favour of the respondents, provided the respondent makes payment of a sum of at least Rs. 3 lacs to the petitioner, without prejudice to the rights and contentions of the parties. If the respondent is unable to make such payment, in deference to the earlier order of this Court, the petitioner will release possession of the vehicle in favour of the respondents, but immediately thereafter the Joint Receivers shall take physical possession thereof and keep the vehicle in their garage or warehouse. In that event, the Joint Receivers shall be paid a further remuneration of 700 GMs each, by the petitioner. They shall file a report in this Court before the returnable date which is the next available Friday after 6th November, 2017.
(I. P. MUKERJI, J.) A Dey AR(CR)