MUMBAI INTERNATIONAL AIRPORT LTD. Vs. SUNDARAM FINANCE LIMITED

JUDGEMENT

(1.) This court by an order dated 27.06.2019 in A.No.9460 of 2018 in A.No.476 of 2018, directed the receiver Mr.Vishal Vishnu Honavarkar, Assistant Manager (operation) of the Sundaram Finance to sell the ten numbers of the electronic towing tractors, as described in the schedule appended to the applicaton and to file a report about the particulars of the sale and the sale proceeds, within a period of four weeks from the date of receipt of the copy of the order. The above said order further indicates that the machineries are electronic towing tractors and it is Push Back Tractor used in the Airports and Aerodromes for towing and pushing back airplanes. The above said order also indicates that the receiver Mr.Vishal Vishnu Honavarkar, who was appointed earlier in A.No.476 pf 2018 had expressed difficulty in seizing the machineries, as that involves huge expenses.

(2.) The learned counsel for the petitioner/proposed party namely Mumbai International Airpot Limited would submit that originally, as there was a due from the workers of the respondent (Cambata Aviation Private Limited) to be recovered, the articles of the respondent were attached. He would further submit that, as the attached articles are lying idle in the entrance of the Mumbai Airport, which obstructed the further development of the Mumbai Airport, they moved a writ petition in W.P.No.1268 of 2019 before the Mumbai High Court seeking a writ of mandamus for direction to conduct an e-auction of the assets. Further he would submit that the petitioner had filed interim application No.1 of 2019 in W.P.No.1268 of 2019 and the Mumbai High Court vide its order dated 14.01.2020, had permitted the Mumbai International Airport Limited to sell the equipment/materials, on ' as is where is ' basis by e-auction.

(3.) He would further submit that, the petitioner/proposed party was informed that, on the application filed by the first respondent namely Sundaram Finance, court vide order dated 27.06.2019 in A.No.9420 of 2018 in A.No.476 of 2018, had granted permission to the receiver Mr.Vishal Vishnu Honavarkar, to sell the 10 numbers of the electronic towing tractors, as described in the schedule appended to the petition and hence, the petitioner/proposed party filed an interim aplication No.1 of 2020 in interim application No.1 of 2019 in W.P.No.1268 of 2019 and obtained an order dated 11.02.2020, to conduct auction only after excluding the 10 numbers of the above said tractors, which are covered by the order of atachment by this Court.