IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1097 of 2008 Murari Singh, Son of Late Satish Singh, Resident of 33A, Jawahar Lal Nehru Road, Kolkata 700007. ------ Petitioner. Versus 1. The State of Bihar through the Secretary. 2. The Superintendent of Police, Patna. 3. The Officer-in-Charge, PS Digha, District Patna. 4. Smt. Bimla Devi, Wife of Dilip Kumar ‘Niraj’, Resident of Mohalla Kurji, P.O. Sadakat Aasram, P.S. Digha, District Patna. ----- Respondents. ----------- 4 18.10.2011 This matter arises out of an order passed under Section 9 of the Arbitration and Conciliation Act, 1996 by the VIIth Bench, City Civil Court, Kolkata in the case of Kedia Resources Private Limited Vs. Mrs. Vimla Devi & Anr. In the said order the Court has appointed Abhijit Mukherjee, Advocate as a Receiver for the purposes of taking over possession of the vehicle bearing Police Registration No. BR-1P-9198, Engine No. ACY-1G- 31155 and the Chassis No. Y2G-12277. It has further been ordered that the Receiver is authorized to take all possible steps including appointment of an agent and also to take police help, if at all necessary. He shall submit his report by the date fixed. This writ application has been filed for a direction to the Officer Incharge of Digha Police Station, Patna to assist the 2 petitioner in taking possession of vehicle described aforesaid. It goes without saying that it is the bounded duty of the S.H.O./Officer Incharge of Digha Police Station to help the Receiver namely Mr. Abhijit Mukherjee to take possession of the vehicle if there is any resistance. A counter affidavit has been filed by the Officer Incharge, Digha Police Station stating that he is willing to help the Receiver. The writ application has been filed by the agent of Mr. Abhijit Mukherjee, Advocate. If the agent i.e. the petitioner presents a copy of this order to the S.H.O. of the Digha Police Station along with the authorization letter showing that he has been duly appointed by Mr. Abhijit Mukherjee, Advocate as his agent to take possession of the vehicle in question. The I.O. may after holding an enquiry and also confirming the issues with Smt. Bimla Devi who is party in the miscellaneous case, take appropriate steps to follow the orders of the court. I may also mention here that it was always open for the Receiver to report the matter to the Court. However, it is made clear that whatever the orders are of the Court, the 3 Office Incharge, Digha Police Station is bound to follow them in letter and spirit. This writ application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)