1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4359 OF 2009 IN APPEAL (L) NO.640 OF 2009 IN NOTICE OF MOTION NO.2755 OF 2008 IN SUIT NO.2288 OF 2008 ... Shabnam Abdul Majid Chaudhary ...Appellant v/s. Tata Motors Ltd. and anr. ...Respondents ... Mr.Gaurav Joshi i/b Thakore Jariwala & Associates for the Appellant. Mr.Abhishek Khare i/b Khare Legal for Respondent No.2. ... CORAM: D.K.Deshmukh & Smt.R.P.SondurBaldota,JJ DATED: 14 th June, 2010 P.C.: Notice of Motion is granted in terms of prayer clause (a). Motion disposed of. (D.K.Deshmukh, J.) (R.P.SondurBaldota J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.640 OF 2009 IN NOTICE OF MOTION NO.2755 OF 2008 IN SUIT NO.2288 OF 2008 ... Shabnam Abdul Majid Chaudhary ...Appellant v/s. Tata Motors Ltd. and anr. ...Respondents ... Mr.Gaurav Joshi i/b Thakore Jariwala & Associates for the Appellant. Mr.Abhishek Khare i/b Khare Legal for Respondent No.2. ... CORAM: D.K.Deshmukh & Smt.R.P.SondurBaldota,JJ DATED: 14 th June, 2010 P.C.: 1. This is an appeal filed by the original Plaintiff. The case of the Plaintiff is that he bought a car from the Respondents Nos.1 & 2, who are manufacturer and seller of cars. According to the Plaintiff, the car is 3 defective and therefore the Plaintiff has filed a suit seeking money decree. Admittedly, at present car is with the Defendant No.1. The Plaintiff is not taking possession of the car, because according to the Plaintiff car is defective. If the car is allowed to remain with the Defendants, the car will be of no use to anybody, it may get totally rusted. The Plaintiff is not willing to take possession of the car and according to the Defendants there are no defects in the car, according to the Plaintiff, therefore, now the car should be sold and whatever price it may fetch should be deposited in the court. 2. After having heard the learned Counsel for both sides, in our opinion, following order would meet the ends of justice. 4 O R D E R (i)The order impugned in the Appeal is set aside. (ii)The Prothonotary & Sr.Master shall appoint an expert either from the Panel maintained by the Prothonotary & Sr.Master, if there is any such Paneal maintained, or from the Panel suggested by the parties to inspect the car, about its condition and make and submit a report to the court with copies to both the parties. (iii)The expert shall be appointed at the expenses of the Plaintiff. (iv)After the expert appointed pursuant to this order completed inspection of the car, the Receiver of this Court shall stand appointed on the car with power to sell the car. 5 (v)The Receiver shall thereafter take steps to sell the car in accordance with the usual procedure. After selling the car, after deducting any expenses that may have been incurred in the process of selling the car, the amount shall be invested in fixed deposit in a nationalised bank to the credit of the suit, with liberty to the Plaintiff to apply to the court for permission to withdraw that amount. In case, such an application is made, it shall be decided on its own merits. (vi)The amount that may be necessary for undertaking process of sale shall be put in by the Plaintiff. (vii)Appeal disposed of. (D.K.Deshmukh, J.) (R.P.SondurBaldota J.)