Tata Motors Finance Solutions ... vs Ambuj Logistics Private Limited
2023 Latest Caselaw 1418 Cal/2

OCD-1 to 5

                  IN THE HIGH COURT AT CALCUTTA
                   Ordinary Original Civil Jurisdiction
                            ORIGINAL SIDE
                       (COMMERCIAL DIVISION)

                          EC/272/2020
             TATA MOTORS FINANCE SOLUTIONS LIMITED
                             Versus
                AMBUJ LOGISTICS PRIVATE LIMITED

                                  And

                           EC/273/2020
              TATA MOTORS FINANCE SOLUTIONS LIMITED
                              Versus
             AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.

                                  And

                           EC/274/2020
              TATA MOTORS FINANCE SOLUTIONS LIMITED
                              Versus
             AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.

                                  And

                           EC/275/2020
              TATA MOTORS FINANCE SOLUTIONS LIMITED
                              Versus
             AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.

                                  And

                           EC/276/2020
              TATA MOTORS FINANCE SOLUTIONS LIMITED
                              Versus
             AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 19th June, 2023.
                                           2




                                                                           Appearance:
                                                               Mr. Paritosh Sinha, Adv.
                                                         Mr. Saubhik Chowdhury, Adv.
                                                                     ...for the petitioner


                                                            Mr. Sourojit Dasgupta, Adv.
                                                         Mr. Vishwarup Acharyya, Adv.
                                                              ...for the judgment debtor


      The Court: By an order dated 24th March, 2023 a learned Single Judge of

this Court recorded the submission made on behalf of the respondents (described

as the deponent in the order) that the respondent is willing to assist the

petitioner in taking over possession of the five vehicles. The Court hence directed

the deponent to assist the decree-holder in taking over possession of the vehicles

from the specified location. The next order of 25th April, 2023 records that the

decree-holder could not take away the vehicles since there was stiff resistance at

the site. The respondents were again directed to hand over the vehicles to the

petitioner at a specified location. The order dated 8th June, 2023 contains the

same thing.

It now appears that three of the five vehicles, which form the subject-

matter of the orders, have been parked near New Haldia sub-station for the last

few months.

Learned counsel appearing for the respondents submits that the

respondents are presently in default of the parking yard charges for the said

three vehicles and that the petitioner/decree-holder should seek police

assistance to take the vehicles away.

This Court is of the view that since the petitioner is already armed with

orders of Court based on the specific undertaking on behalf of the respondents, it

is the responsibility of the latter to ensure that the three vehicles are handed over

to the petitioner without disruption on a date and time fixed by the parties.

The respondents shall take necessary steps for peaceful handing over of

the three vehicles to the petitioner within three days including the dispute with

the parking yard.

The petitioner shall take possession of the three vehicles within a week

from date upon due intimation being given by the respondents in that regard to

the petitioner.

List this matter after a fortnight, as prayed for.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar