Bombay High Court
Procter And Gamble Hygiene And Health ... vs Arun Singla And 2 Ors on 18 December, 2018
Author: S.J.Kathawalla
Bench: S.J. Kathawalla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO.2716 OF 2018
IN
COMM. IP. SUIT (L) NO.1546 OF 2018
Procter & Gamble Hygiene and Health Care Ltd. & Anr. ... Plaintiffs
Versus
Mr. Arun Singla & Ors. ... Defendants
Mr. Hiren Kamod, Advocate alongwith Ms. Deepa Hate, Advocate instructed by
Gajria & Co. for the Plaintiffs.
Ms. Shama Mulla, Advocate for Defendant No.3.
Representative of the Court Receiver of High Court, Bombay present.
CORAM : S.J. KATHAWALLA, J.
DATED : 18 th DECEMBER, 2018 P.C.:
1. Mr. Kamod, Ld. Counsel for the Plaintiffs submits that pursuant to this Court's order dated 30th November, 2018 the representatives of the Court Receiver visited the premises of the Defendants on 14th December, 2018, at the addresses mentioned in the Plaint for executing the said order. He submits that, however, the factory premises were locked and the representative of the Court Receiver was unable to open the door / shutter. He submits that under such circumstances the matter was mentioned for further directions before this Court at 5 p.m. on 14 th December, 2018. The Court ::: Uploaded on - 20/12/2018 ::: Downloaded on - 25/12/2018 20:47:25 ::: kpd 2 / 5 PD-NMCDL-2716-2018.doc Commissioner has executed its commission and submitted its reports, both dated 17 th December 2018.
2. Mr. Kamod drew my attention to the Court Receiver's report dated 17 th December 2018. The report states that upon arriving at the Defendant's factory premises, they found that the premises were locked. When the Plaintiff's representative called Defendant No. 3 on his mobile number '09215165900', the call was not received. It is stated that the representative of the Court Receiver himself contacted Defendant No. 3, but an unknown person responded and conveyed to him that Defendant No. 3 had been hospitalized and would be unable to the visit the factory premises until 17th December 2018.
3. The report further states that at about 4:45 p.m. on 14 th December 2018, three persons namely Mr. Sanjay Ahlawat, Mr. Naresh Aggarwal and Mr. Naveen Ryhilla, claiming to be Defendant No. 3's Advocate, brother and representative, respectively, arrived at the factory premises. The representative of the Court Receiver informed them of the purpose of his visit and provided them a copy of this Court's order and office letter for their perusal. Upon understanding the purpose of the Court Receiver's visit, Mr. Sanjay Ahlawat contacted a third person and that shortly after the keys to the factory premises were delivered to him and he unlocked the factory premises. Mr. Ahlawat also expressed his intention to co-operate with the execution of the Court Receiver's commission. Accordingly, the representative of the Court Receiver inspected the factory premises and took an inventory in presence of the parties' ::: Uploaded on - 20/12/2018 ::: Downloaded on - 25/12/2018 20:47:25 ::: kpd 3 / 5 PD-NMCDL-2716-2018.doc representatives. It is stated that the representative of the Court Receiver found and seized inter alia 320 gunny bags of the impugned goods from the Defendants' factory premises. Since the quantity of the goods found was very large, with the consent of the advocates, both, for the Plaintiffs and Defendant No. 3, the factory premises was sealed by the Court Receiver's representative. Upon sealing the premises, the representative of the Court Receiver requested Mr. Sanjay Ahlawat and Mr. Naresh Aggarwal to safeguard the premises, but they refused. Once the site report was prepared Mr. Sanjay Ahlawat and Mr. Naresh Aggarwal, also refused to sign the report.
4. Mr. Kamod submits that upon completion of his site-work the Court Receiver prepared his site report. He submits that when this report was handed over to Mr. Sanjay Ahlawat and Mr. Naresh Aggarwal for endorsing their signature, they passed off the report to an unknown third party. He submits that despite several requests of the representative of the Court Receiver, they did not return the report. He submits that in such circumstances, representative of the Court Receiver was forced to prepare a fresh site report. This event has been recorded by the representative of the Court Receiver, Mr. Laxman Madgundi, in his site report as hereinunder:
"I Mr. Laxman Madgundi, representative of Court Receiver, High Court, Bombay submit my fresh report as under.
1. It is respectfully submitted that after completion of my site work on 14/12/2018 I prepared my site report and given to Mr.Sanjay Ahlawat, Advocate ::: Uploaded on - 20/12/2018 ::: Downloaded on - 25/12/2018 20:47:25 ::: kpd 4 / 5 PD-NMCDL-2716-2018.doc for Defendant No.3 and Mr. Naresh Aggarwal, Brother of Defendant No.3 for signing the site report. After reading my site report the advocate for defendant and Mr. Naresh Aggarwal, brother of defendant No.3 passed on my site report to unknown person present at site. Thereafter I again and again requested to Advocate for Defendant No.3 and present parties to give back my site report. But advocate for defendant No.3 and present parties did not give me back the site report. In the above circumstance I prepare my fresh site report. "
5. Mr. Kamod submits that given the circumstances, Advocate for the Plaintiffs, Mr. Amol Dixit, on 15th December, 2018, lodged a police complaint with Mr. Jasbir Singh, SHO, City Police Station, Rohtak reporting theft of the Court Receiver's report. Mr. Kamod tenders a copy of police complaint dated 15 th December 2018 before this Court.
6. Ms. Shama Mulla, Advocate appearing on behalf of Defendant No.3 informs the Court that she has not been served with a copy of the Notice of Motion. She seeks time to file Vakalatnama. However, Mr. Kamod submits that copies of all the papers and proceedings have been duly served upon and received by the representatives of Defendant No.3, in the presence of representative of the Court Receiver. Mr. Kamod tenders copies of the acknowledgments executed by Defendant Nos. 2 and 3, and Mr. Sanjay Ahalwat on behalf of Defendant No. 3, acknowledging receipt of the papers and proceedings in the matter.
7. I have heard the parties and perused the record. Considering what has been stated in the Court Receivers reports, the following Order is passed :- ::: Uploaded on - 20/12/2018 ::: Downloaded on - 25/12/2018 20:47:25 :::
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a) Vikas Singla, Defendant No.2, Surender Bansal, Defendant No.3, Advocate
Sanjay Ahlawat, Naresh Aggarwal and Vinod Kumar are hereby directed to remain present before this Court on 21 st December, 2018 at 11.00 a.m., failing which this Court shall proceed to pass necessary orders against them to ensure their presence before this Court, including issuing a warrant of arrest;
b) Ad-interim order dated 30th November, 2018 to continue till further orders;
c) Stand over to 21st December, 2018.
( S.J.KATHAWALLA, J. )
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