GA No.63 of 2013 AP No.29 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus M/S SAI CONSTRUCTION & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :
17. h January, 2013.
Appearance: Mr.P.Sinha, Adv.The Court : The respondents are represented.
AP No.29 of 2012 is the original petition under Section 9 of the Arbitration and Conciliation Act, 1996, wherein a Receiver was appointed.
The Receiver had taken possession of two of the assets that formed the subjectmatter of the agreement between the parties.
One of the assets has already been sold.
The other asset, a truck of Tata-make, is in the possession of the Receiver but a dispute has arisen as to whether it was such asset that had been financed by the petitioner.
GA No.63 of 2013 is the petitioner’s application in the Section 9 proceedings for a forensic expert to be appointed to ascertain whether the registration number of the vehicle in possession of the Receiver has been tampered with.
The petitioner says that an award has been made in the petitioner’s favour on August 9, 2012.
Since the award may have become executable, AP No.29 of 2012 is disposed of by requiring the Receiver to retain possession of the vehicle till such time that an appropriate order is passed by any other authorised forum.
The Receiver will be at liberty to inform the police authorities of the discrepancy and park the vehicle at a police station, subject to space being available and the police personnel agreeing thereto.
GA No.63 of 2013 and AP No.29 of 2012 stand disposed of without any order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.
A.R(C.R)