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 NOS.57 TO 60 OF 2003 NOS.57 TO 60 OF 2003 NOS.57 TO 60 OF 2003 Tata Tata Tata Finance Ltd Finance Ltd Finance Ltd ...... Petitioner Petitioner Petitioner vs vs vs Roofit Roofit Roofit Industries Ltd Industries Ltd Industries Ltd ...... Respondents Respondents Respondents Mr.Ashish Mr.Ashish Mr.Ashish Kamat Kamat Kamat i/b Mr.V.Deshpande for Petitioner i/b Mr.V.Deshpande for Petitioner i/b Mr.V.Deshpande for Petitioner Mr.Shezad Mr.Shezad Mr.Shezad A.K.Nagnesani A.K.Nagnesani A.K.Nagnesani i/b Maneksha & i/b Maneksha & i/b Maneksha & Sethna Sethna Sethna for for for Respondents Respondents Respondents Mr.D.V.Deokar, Mr.D.V.Deokar, Mr.D.V.Deokar, Ist Ist Ist Asst to C.R.present Asst to C.R.present Asst to C.R.present Mr.C.R.Bhogaonkar, Mr.C.R.Bhogaonkar, Mr.C.R.Bhogaonkar, 2nd Asst. to C.R.present 2nd Asst. to C.R.present 2nd Asst. to C.R.present CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATE DATE DATE : 2nd March, 2007 : 2nd March, 2007 : 2nd March, 2007 P.C. P.C. P.C. 1.1.1. The receiver has been appointed inrespect of The receiver has been appointed inrespect of The receiver has been appointed inrespect of certain certain certain machineries. The machinery is in the machineries. The machinery is in the machineries. The machinery is in the premises premises premises of of of the defendants. The receiver has taken the defendants. The receiver has taken the defendants. The receiver has taken possession possession possession of the machinery. It has been seen in of the machinery. It has been seen in of the machinery. It has been seen in two two two site reports that the machinery has been site reports that the machinery has been site reports that the machinery has been dismantled dismantled dismantled while it remained custodia legis. Part while it remained custodia legis. Part while it remained custodia legis. Part of of of the machinery is reported to have been stolen. the machinery is reported to have been stolen. the machinery is reported to have been stolen. The The The respondents themselves admit that fact. The respondents themselves admit that fact. The respondents themselves admit that fact. The respondents respondents respondents state that they would pay the price of state that they would pay the price of state that they would pay the price of the the the stolen machinery. The advocate further states stolen machinery. The advocate further states stolen machinery. The advocate further states that that that the machinery was insured. A meeting is fixed the machinery was insured. A meeting is fixed the machinery was insured. A meeting is fixed with with with the Court Receiver on 5th March 2007. Court the Court Receiver on 5th March 2007. Court the Court Receiver on 5th March 2007. Court Receiver Receiver Receiver shall make a detailed report about the shall make a detailed report about the shall make a detailed report about the status status status of the machinery in his possession before of the machinery in his possession before of the machinery in his possession before this this this court next Friday 9th March 2007. The court next Friday 9th March 2007. The court next Friday 9th March 2007. The respondents respondents respondents shall produce the insurance agreement shall produce the insurance agreement shall produce the insurance agreement ififif any. any. any. 2 (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)