Bombay High Court
ADITYA BIRLA CAPITAL LTDversusMA DURGA HARDWARE STORES
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
Holding
The court held that the Court Receiver must prepare an inventory in the presence of the applicant and then hand over the movable items to the applicant for safe custody, subject to further arbitral tribunal directions.
Summary
The High Court of Bombay was approached by Aditya Birla Capital Ltd. seeking directions regarding movable items located on the respondent's premises in a commercial arbitration petition. The applicant requested that the Court Receiver prepare an inventory of the items in the presence of the applicant and then hand over the items for safe custody pending further directions from the arbitral tribunal. The court considered the applicant's request and the need to preserve the items without prejudice to the arbitration proceedings. It ordered that the Court Receiver shall prepare the inventory in the presence of the applicant and subsequently hand over the articles to the applicant for safekeeping, subject to any further orders of the arbitral tribunal. The order was made on an interim basis, with the applicant bearing any costs and risks associated with the custody of the items.
Issues considered
- What procedural steps should the Court Receiver follow to inventory and hand over movable items to the applicant pending arbitral tribunal directions
- Whether the applicant may retain the items in safe custody at its own risk pending the arbitral tribunal's further orders
Subjects
- Arbitration
- Court Receiver
- Inventory
- Safe Custody
- Movable Property
- Interim Relief
Judgment
Digitally
11.1044.26-ia.docx
signed by
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL Date:
2026.08.01
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
11:25:32
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1044 OF 2026
IN
COMMERCIAL ARBITRATION PETITION NO. 447 OF 2024
Aditya Birla Capital Ltd. .. Applicant
In the matter between:
Aditya Birla Capital Ltd. .. Applicant
Vs.
Ma Durga Hardware Stores .. Respondent
...
Mr. Vishal Maheshwari i/b. V. M. Legal for the Applicant
Mr. Swayam S. Chopda, OSD to Court Receiver with
Ms.Nandini Y. Deshpande, 1st Assistant to Court Receiver and
Naina Poojary, Master (Adm), Court Receiver Office
CORAM : ARIF S DOCTOR, J.
DATE : 30th JULY, 2026
P.C. :
The concern today is with regard to the movable items which are in the
property in question. The learned counsel for the Applicant submits that the
Applicant shall, at their own risk as to the costs and consequences keep the said
articles in safe custody until such time the Arbitral Tribunal issues further
directions with regard to the same. Therefore, to facilitate this, the Court
Receiver shall prepare an inventory in presence of the Applicant after which the
articles shall be handed over to the Applicant for the safe keeping subject to
further orders of the Tribunal.
[ARIF S DOCTOR, J.]
Basavraj Page | 1
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