- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1297 OF 2009 in ARBITRATION PETITION NO.397 OF 2008 Citicorp Finance (India) Limited .. Plaintiff/Petitioner vs Mr.Sujitkumar R.Tiwari & anr.. Defendants/Respondents .. Ms.Shakuntala Joshi i.b S.I.Joshi & Co for Plaintiff/Petr Mr.K.L.Vyas Court Receiver, High Court,Bombay present CORAM: R.V.MORE,J DATED: November 9, 2009 P.C. 1. The petitioner has filed the Chamber Summons for the following reliefs : a) this Hon’ble court be pleased to modify the Order dated 21.3.2009 and allow the petitioner to sale the said vehicle by way of private treaty and thereafter petitioner be allowed to pay the outstanding dues of the Garage owner as directed by the Hon’ble Court in order dated 21.3.2009. b) the Court Receiver, High Court, Bombay be discharged without passing of accounts on payment of costs, charges and expenses. - 2 - (c) such other and further reliefs may be granted as this Hon’ble court may deem fit considering the facts and circumstances of the case. 2. By an order dated 4.12.2008 this court granted reliefs in terms of prayer clause (a) with modification that the Court Receiver is directed to sell the vehicle by holding public auction. 3. On 27.2.2009 when the Court Receiver along with the representative of the petitioner had gone to the site of the respondents with an intention to take possession of the suit vehicle. However,they were informed by the son of the respondent no.1 that due to an accident the suit vehicle was damaged and was placed under repairs in the garage of one Shashibhai of Baroda. He was also informed that the garage owner has not released the vehicle as the respondent no.1 failed to pay outstanding dues of Rs. 2,50,000/-. In the above circumstances, the Court Receiver could not take possession of the suit vehicle on 27.2.2009. 4. By an order dated 21.3.2009 the learned Single Judge of this Court directed the petitioner to first ascertain correctness of the expenses incurred for the repairs of the suit vehicle and then take possession of - 3 - the suit vehicle after paying the garage owner his dues and debiting the same from the amount of the respondent no.1 maintained with them. The Court Receiver was also directed to fix up an appointment and fix up a metal board on the suit vehicle. 5. In pursuance of the above order, the Court Receiver along with representative of the petitioner had gone to the site i.e. at Shashikant Welding Works, Dabhoy Road, Baroda and after explaining the purpose of his visit to the garage owner Shashibhai, fixed up two metal boards on the suit vehicle. 6. The petitioner thereafter verified about the genuinity of the fees raised by the garage owner and assured the garage owner that they will make the payment of the outstanding bill amount. The garage owner in terms of his letter dated 23.6.2009 informed the petitioner that he has no objection to first sell the suit vehicle and thereafter clear of his outstanding dues. The said letter is annexed at Exhibit G at page 23. The respondent no. 1 has also written letter to the petitioner on 23.6.2009 which is annexed at Exhibit G-1. He has confirmed the amount of the repairs and by this letter he has surrendered the said vehicle to the petitioner. He further expressed no objection to sell the same and to make payment of Rs.2,25,000/- due towards - 4 - Sashi Welding works. The balance amount he requested the petitioner to adjust against the outstanding dues of the loan. In the above circumstances, the petitioner claims modification as mentioned above and to permit them to sell the suit vehicle by private treaty and thereafter they be allowed to pay the outstanding dues of the garage owner. 7. The learned Court Receiver has no objection to grant the prayer provided the petitioner complies the provisions of Rule 591 of the Bombay High Court Original Sides Rules. In the above circumstances, Chamber Summons is disposed of by passing the following order : ORDER 1. The petitioner is permitted to sell the suit vehicle and thereafter to pay the outstanding dues of the garage owner. 2. The Court Receiver, High Court, Bombay is discharged without passing of accounts on payment of requisite costs, charges expenses as per Rule 591 of the Bombay High Court O.S.Rules from the amount receivable by the petitioner on the sale of the vehicle. - 5 - 3. Order dated 21.3.2009 is modified to that extent. R.V.More, J - 6 -