Bombay High Court
Tigaksha Metallics Pvt Ltd vs Actis Consumer Grooming Products ... on 17 November, 2021
Bench: S.J. Kathawalla, Milind N. Jadhav
Digitally signed
SWAROOP by SWAROOP
SHARAD SHARAD PHADKE
Date: 2021.11.17
PHADKE
15 COMAPL 25175 OF 2021.doc
14:34:12 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMM. APPEAL (L) NO.25175 OF 2021
IN
INTERIM APPLICATION (L) NO.19689 OF 2021
IN
COMM. ARBITRATION PETITION (L) NO.306 OF 2020
WITH
INTERIM APPLICATION (L) NO.25193 OF 2021
Tigaksha Metallics Pt. Ltd. ... Appellant
Versus
Actis Consumer Grooming Products
Ltd. and Ors. ... Respondents
Mr. Tushad K. Cooper, Senior Advocate with Mr. Ativ Patel, Mr. Darshit Dave, Mr.
Harshad Vyas i/by AVP Partners, for Appellant.
Mr. Ashish Kamat with Mr. Rajendra Barot, Ms. Anusha Jacob, Ms. Trisha Sarkar,
Mr. Mitansh Shah i/by AZB and Partners, for Respondent No.1.
Ms. Shaheen Parikh i/by Cyril Amarchand Mangaldas, for Respondent Nos.2 3 and 8.
Mr. D.N.Kher, Court Receiver, present.
CORAM: S.J. KATHAWALLA &
MILIND N. JADHAV, JJ.
DATE: 17th NOVEMBER, 2021 P.C.:
1. Heard the learned Advocates for the parties and the following order is passed :
(i) Clauses (i) and (ii) of our Order dated 29th October, 2021 shall be strictly complied with by the Court Receiver as well as the parties.
(ii) The technical person appointed by the Respondent No.1 shall be allowed access to the factory premises and carry out the job set out in Clause (ii) of SSP 1/2 15 COMAPL 25175 OF 2021.doc paragraph 1 of the Order dated 29th October, 2021. He shall also be at liberty to open the machines and after inspecting the parts thereof, take a call whether the machines can be switched on and upon him reaching the conclusion that the machines can be switched on, he may do so and provide his comments in this regard to the Court in his report.
2. Irrespective of our earlier order/s, in the event of the representative of the Court Receiver seeking police assistance, the local police Station having jurisdiction over Gagret Factory, Una, Himachal Pradesh, shall provide adequate police protection to the representative/s of the Court Receiver immediately upon them approaching the local/concerned Police Station. The Court Receiver shall forward a copy of this order through WhatsApp massage to his representatives at Gagret Factory, Una, Himachal Pradesh.
3. We are informed that there are approximately 29 machines, out of which 13 machines are already sealed. As regards the balance machines, steps shall be taken as per our Order dated 29th October, 2021 and the present order.
( MILIND N. JADHAV, J. ) ( S.J.KATHAWALLA, J. )
SSP 2/2