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Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

CONTEMPT PETITION (L.) NO.11385 OF 2021

WITH

REVIEW PETITION (L.) NO. 26231 OF 2021

WITH

COMMERCIAL APPEAL (L.) NO.29096 OF 2021

WITH

COURT RECEIVER REPORT NO.289 OF 2021

IN

COMMERCIAL ARBITRATION PETITION NO.285 OF 2021

WITH

INTERIM APPLICATION (L.) NO.22198 OF 2021

IN

COMMERCIAL ARBITRATION PETITION NO.285 OF 2021

Tata Motors Finance Limited

..Petitioner

Vs.

Mehrab Logistics & Aviation Ltd. & Anr.

..Respondents

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Mr. Nitesh Bhutekar with Ms. Gargi Warunjikar and Mr. Aniket Nangre

for Petitioner.

Mr. Arjun Chaudhary for Respondents.

Mrs. Jyoti Chavan, AGP.

Ms. Pallavi Dabholkar, APP.

Mr. D. N. Kher, Court Receiver with Mrs. Rekha Rane, IInd Assistant to

Court Receiver.

Mr. Jayenth Chiplunkar, Assistant M.V.P. Transport Commissioner Office

present.

Mr. S. M. Belgandkar, PSI, MRA Marg Police Station present.

Police Havaldar No. 8388, Mr. Ramchandra Yashwant Yadav, MRA Marg

Police Station present.

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CORAM : G.S. KULKARNI, J.

DATE : MARCH 23, 2022.

P.C.:

1.

In the earlier order dated 09 March, 2022 a non-bailable warrant

was issued against respondent no.2 Mr. Abdul H. Khan, resident of 3/62,

A, Sector-3, Vikas Nagar, Lucknow, and Mahrab Tower, 6^th Floor, T.C. 16

PRAJAKTA

SAGAR

VARTAK

Digitally

signed by

PRAJAKTA

SAGAR

VARTAK

Date:

2022.03.24

16:30:07

+0530

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Vibhuti Khand, Gomtinagar, Lucknow, Uttar Pradesh, Managing Director

of respondent no.1. There is a report of Senior Inspector of Police, MRA

Marg Police Station, Mumbai dated 23 March, 2022, inter alia recording

all necessary steps which were taken to execute the NBW however, the

same could not be executed for the reasons as set out in the said letter.

It clearly appears also from the past history of the present proceedings,

and from the said report of the Sr.P.I. that respondent no.2 Mr. Abdul H.

Khan is evading arrest.

2.

In these circumstances, there is no alternative but to issue a

Standing Non-Bailable Warrant against respondent no.2 Mr. Abdul H.

Khan, which be issued by the office forthwith. The Commissioner of

Police, Mumbai, shall take all steps and more particularly in the light of

the report of the Sr. P.I. dated 23 March, 2022 to trace the said person

and execute the Standing NBW of Arrest, including by coordinating with

the Commissioner of Police, Lucknow.

3.

In addition to the above orders, as it appears that there is a reason

to believe that respondent no.2 Mr. Abdul H. Khan is concealing himself

and absconding as despite a NBW being issued against him, the same

could not be executed twice, it is directed that as per the provisions of

Section 82 of the Code of Criminal Procedure, 1973, steps be taken to

publish a written proclamation requiring respondent no.2 Mr. Abdul H.

Khan to appear before this Court.

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4.

Liberty to the petitioner to apply in the event the Standing NBW

of Arrest is executed and the presence of respondent no.2 Mr. Abdul H.

Khan is secured on an early date.

5.

Further, in the meantime, if the petitioner has any details of the

whereabouts of any of the vehicles, the petitioner shall inform the

Officer of the Court Receiver all such details so that further steps can be

taken by the Officer of the Court Receiver to take physical possession of

the vehicles.

6.

On a request as made by the Court, Ms.Jyoti Chavan, learned AGP

has appeared to assist the Court in regard to the steps being taken by the

Mumbai RTO to trace location of the vehicles. Mr. Jayanth Chiplunkar,

Assistant M.V.P. Transport Commissioner Office, is present in the Court

who states that further steps can be taken to locate the vehicles by

tracking the vehicles and by categorizing these vehicles as “wanted

vehicles”. Let such steps be taken by the Commissionerate of Transport,

State of Maharashtra, as the details of all the vehicles are already

supplied by the office of