1. Application for removal of personal effects, loose stocks, and moveable machinery from premises. (Para 1 )
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1999 Supreme(SC) 773
SUPREME COURT OF INDIA
D.P.Wadhwa : S.B.Majmudar
M.I.Builders Private Limited
Versus
Radhey Shyam Sahu And Another
Case No. : 34 , 36 of 1994
Date of Decision : 7/29/99
The court permitted the removal of moveable goods and specific fixtures from a premises, mandating official supervision and the creation of a signed inventory to ensure transparency and record-keeping.
Headnote:(A) Civil Procedure - Removal of moveable assets from premises - Applicant permitted to remove personal effects, loose stocks, and moveable machinery not affixed to structures - Air conditioners, though affixed, are also permitted to be removed - Removal to be carried out at the applicant's cost under the supervision of municipal officers and an Executive Magistrate - Requirement to prepare a signed list of items removed for record purposes. (Paras 1-3)
Facts of the case:
The applicant sought permission to remove its personal effects, goods, and machinery from certain premises. The request included items not affixed to the structure as well as air conditioners that were affixed to the structure.
Findings of Court:
The court directed that the applicant be allowed to enter the premises to remove non-affixed goods and air conditioners, subject to supervision by a deputed Executive Magistrate and municipal officers, and the creation of a signed inventory of the items removed.
Issues: Whether the applicant is entitled to remove moveable goods and specific affixed items from the premises and the mechanism for ensuring a transparent removal process.
Ratio Decidendi: Moveable property and specific fixtures may be removed from a premises by the applicant provided the process is supervised by official authorities and documented by both parties to maintain an accurate record.
Result: I.As are disposed of.
Legal Category Hierarchy
Table of Contents
2. Court identifies non-affixed goods, loose stocks, moveable machinery, and air conditioners as items permissible for removal. (Para 1 )
3. Moveable goods and items not affixed to structures, including air conditioners, are removable from premises upon court direction. (Para 1 )
4. Applicant permitted to remove specified goods from premises under official supervision. (Para 1 , 2 , 3 , 4 , 5 )
5. Which items are considered removable from a premises under this order?
Items not affixed to built structures, including loose stocks, moveable machinery, and air conditioners, even if the latter are affixed, are permitted for removal. (Para 1 )
6. What procedural safeguards are required for the removal of goods from premises?
Removal must occur in the presence of municipal officers and be supervised by an Executive Magistrate, with a signed list of items prepared for record. (Para 1 , 2 , 3 )
(1) HAVING heard learned counsel for the parties it is directed that the personal effects and goods belonging to the applicant M.I. Builders which are lying in the premises and which are not affixed to the built structures and which would include loose stocks and other items mentioned in paragraph 2 of these I.As including moveable machinery, if any, will be permitted to be removed by the applicant at its own cost in the presence of officers of Lucknow Mahapalika. The air conditioner, even if affixed to the structure, will also be permitted to be removed.
(2) WE direct the District Magistrate, Lucknow to depute Executive Magistrate of the area or any other officer to remain present to supervise the said exercise. The applicant will be permitted to enter the premises to carry out this work.
(3) BEFORE removing these items a list of items to be removed may be prepared under signatures of representatives of the parties concerned for the purpose of record of the applicants and the other side.
(4) BY consent of parties Monday, the 2/08/1999 is fixed for this exercise to be undertaken on spot from 11.00 a.m. to 5.00 p.m. or earlier.
(5) I.AS are disposed of.
