MADHUMITA GUHA Vs. BENNY BABY

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 and 227 of the Constitution of india seeking the following reliefs:

(2.) PETITIONER is an advocate appointed as receiver in proceedings under section 9 of the Arbitration and Conciliation Act, 1996 by the City Civil court, Calcutta. Ext. P1 is the copy of that order and under that order petitioner has been directed to take over possession of an excavator with its accessories. It is the case of the petitioner that pursuant to that order, possession of the vehicle was taken over. Meanwhile, the respondent in the arbitration proceedings filed Ext. P3 suit before the Munsiff Court, Alappuzha seeking a decree of injunction to restrain the defendants in the suit, who are stated to be the petitioners in the arbitration proceedings, from taking over the excavator from his possession otherwise than in due process of law. In the suit the defendants, it is stated, gave an undertaking that till the disposal of the I. A the vehicle will not be forcefully taken away and the court thereupon noticing the undertaking adjourned hearing of the application. The petitioner, receiver appointed by the court, submits that pursuant to taking over possession of the vehicle in compliance of the order of the City Civil Court, calcutta it had been taken away by the police and it is now lying at the police station in view of the disputes between the parties amd also on account of the order passed by the court in the interim application in Ext. P3 suit. Petitioner has approached this Court for the reliefs aforementioned invoking the jurisdiction of this court under Article 226 and 227 of the Constitution of india.

(3.) I heard the counsel on both sides.