1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION ARBITRATION ARBITRATION ARBITRATION PETITION PETITION PETITION NO.51 OF 2002 NO.51 OF 2002 NO.51 OF 2002 Tata Tata Tata Finance Finance Finance .... .... .... Plaintiff Plaintiff Plaintiff vs vs vs Kanoria Kanoria Kanoria Sugar Gen.Manu.Ltd .. Sugar Gen.Manu.Ltd .. Sugar Gen.Manu.Ltd .. Defendants Defendants Defendants Ms.S.Joshi Ms.S.Joshi Ms.S.Joshi for for for Petitioner Petitioner Petitioner Mr.Prashant Mr.Prashant Mr.Prashant Beri Beri Beri i/b Beri & Co for Respt i/b Beri & Co for Respt i/b Beri & Co for Respt Mr.D.V.Deokar,Ist Mr.D.V.Deokar,Ist Mr.D.V.Deokar,Ist Asst. Asst. Asst. to C.R.present to C.R.present to C.R.present CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATED DATED DATED : : : 12th January, 2007 12th January, 2007 12th January, 2007 P.C. P.C. P.C. 1.1.1. The respondent has not executed any agreement The respondent has not executed any agreement The respondent has not executed any agreement with with with the Court Receiver to act as Court Receiver’s the Court Receiver to act as Court Receiver’s the Court Receiver to act as Court Receiver’s agent. agent. agent. The royalty also could not be fixed. The The royalty also could not be fixed. The The royalty also could not be fixed. The respondent’s respondent’s respondent’s advocate states that the respondents advocate states that the respondents advocate states that the respondents has has has been declared a sick industrial company under been declared a sick industrial company under been declared a sick industrial company under the the the BIFR on 29th May, 2006. The suit property BIFR on 29th May, 2006. The suit property BIFR on 29th May, 2006. The suit property belongs belongs belongs to to to the plaintiff and has been leased to the the plaintiff and has been leased to the the plaintiff and has been leased to the respondents. respondents. respondents. The property must be secured pending The property must be secured pending The property must be secured pending the the the Arbitration Petition. Arbitration Petition. Arbitration Petition. 2.2.2. The Court Receiver shall seal the suit The Court Receiver shall seal the suit The Court Receiver shall seal the suit premises. premises. premises. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)