M/S. M.D. Enterprises and ors. Vs. M/S. Whirlpool of India Ltd. and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/906165
CourtKolkata High Court
Decided OnSep-09-2010
Case NumberAP No. 452 of 2010
JudgeI . P. Mukerji, J.
AppellantM/S. M.D. Enterprises and ors.
RespondentM/S. Whirlpool of India Ltd. and anr.
Appellant AdvocateMr. Amitava Mukherjee, ; Ms. Arpita Saha, Advs.
Respondent AdvocateMr. Mainak Bose, Adv.
Excerpt:
the court :- this is a section 9 application by a former agent of whirlpool. there is no dispute that the agency agreement had been terminated. it is submitted by the petitioners that some goods of the respondents are in the custody of the petitioners. the petitioners want to return them to the respondents as they are unnecessarily occupying space. in the circumstances, i appoint the advocates-on- record for the two parties as joint receivers for the purpose of making a detailed inventory of the goods in the possession of the petitioners and to file a report. i am not at the moment ordering removal of the goods in the custody of the petitioners, as there is some dispute regarding the number and description of these items. let such inventory be carried out within one week from the date of issuance of a copy of this order. i make this application returnable on 23rd september, 2010. all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
Judgment:
The Court :- This is a Section 9 application by a former agent of Whirlpool. There is no dispute that the agency agreement had been terminated. It is submitted by the petitioners that some goods of the respondents are in the custody of the petitioners.

The petitioners want to return them to the respondents as they are unnecessarily occupying space. In the circumstances, I appoint the Advocates-on- Record for the two parties as Joint Receivers for the purpose of making a detailed inventory of the goods in the possession of the petitioners and to file a report.

I am not at the moment ordering removal of the goods in the custody of the petitioners, as there is some dispute regarding the number and description of these items. Let such inventory be carried out within one week from the date of issuance of a copy of this order. I make this application returnable on 23rd September, 2010.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.