San-A Trading Co. Ltd. vs I.C.Textiles Ltd.
2009 Latest Caselaw 3010 Del

            * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                        Date of Reserve: 27.7.2009
                                                     Date of Order: 4th August, 2009

OMP No. 483/2008
%                                                                     04.08.2009

      SAN-A Trading Co. Ltd.                      ... Petitioner
                     Through: Mr. Sachin Datta, Ms. Lakshmi
                     Ramamurthy and Ms. Shiela Arora, Advocate

             Versus


      I.C.Textiles Ltd.                              ... Respondents
                          Through: Mr. Yoginder Handoo, Advocate


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the
judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

ORDER

This application has been made by the petitioner under Section 9 of

the Arbitration and Conciliation Act, requesting the Court to appoint a Court

Receiver to take custody of the concerned machines and the Receiver, so

appointed should give a report about the conditions of the concerned machines

and the Court should pass directions for safe custody of preservation of

machines.

2. The petitioner by an interim award of the Arbitrator has been

allowed to repossess the machines lying at the premises of the respondent. I

consider that in view of the order passed by the learned Arbitrator for

repossession of the machines, this Court need not appoint a Receiver to take

custody of the machines since the custody of the machines is to go to the

petitioner. This Court also need not pass an order for keeping the safe custody

of machines and preservation of machines for the same reason. It is for the

petitioner to repossess the machines and keep them in safe custody in terms of

the award. However, the petitioner may move the Court if necessary, if there is

any resistance in taking over possession of the machines.

With these directions, this petition is disposed of.

August 04, 2009                                    SHIV NARAYAN DHINGRA, J.
vn