Item- 3. sg 10-01-2025 Ct. 37 FMA 1030 of 2022 M/s. Add Truck Commercial Pvt. Ltd. Versus Debanjan Dutta & Ors. Mr. Shounak Mukhopadhyay Mr. Ranjit Singh Mr. Aman Singh Mrs. Tutul Das Mr. Ratul Deb Banerjee Ms. Anuska Ray …for the petitioner Mr. Siddhartha Banerjee Mr. Soumajit Majumder …for the respondents Mr. Sayak Ranjan Gnguly Ms. Suparna Biswas Ms. Srijani Ghosh … for Receiver 1. The appeal is arising out of an order dated 7th March, 2022 passed by the learned Judge, Bench X, City Civil Court at Calcutta in connection with an application filed under Section 9 of the Arbitration and Conciliation Act. 2. It appears that in the application for interim relief, a Receiver was appointment. In an application filed by the respondent for implementation of the order of 10th February, 2022, the learned Trial Court, taking into consideration that the Receiver has acted in violation of the order dated 10th February, 2022, directed the Receiver to hand over the vehicle in question to the respondent. This order is under challenge. 3. It appears that in the application for interim relief, the appellant did not mention the order passed by the Consumer Forum whereby there is a finding that there has been deficiency in service. The said fact was not brought to the attention of the learned Trial Court. This is a clear suppression of fact and the position would not alter by reason of a subsequent order of stay of operation of the order was passed by the Consumer Forum. Although it appears that the order of the Consumer Forum has been stayed by the Appellate Forum, however, fact remains that the Receiver was directed to take possession of the vehicle by the arbitral tribunal subsequently in connection with an application under Section 17 of the Arbitration and Conciliation Act, 1996. 4. Moreover, it appears that only a sum of Rs.67,840/- was due and payable by the borrower to the appellant and the possession of the vehicle was taken by the Receiver by virtue of an order dated 5th October, 2021 by suppressing the order of the Consumer Forum. 5. In view of such suppression, we do not find any reason to interfere with the order dated 7th March, 2022. A party cannot be allowed to play fast and loose with the Court. 6. In view of the conduct of the appellant, we dismiss the appeal with costs assessed at Rs.10,000/- to be paid to the State Legal Services Authority and the said fund shall be earmarked for meeting the expenses of Lok Adalat conducted by the Calcutta High Court Legal Services Committee. 7. The Receiver shall stand discharged immediately. 8. We have been informed that there is an appeal pending before the learned Trial Court against the order passed by the Arbitral Tribunal regarding appointment of a Receiver over 2 the said vehicle. 9. In the facts of the case, we feel that an opportunity should be given to the respondent to deposit a sum of Rs.70,000/- with the appellant as it appears that as on the date of default, a sum of Rs.67,840/- was due and payable and upon payment of the said sum the possession of the vehicle may be handed over to the respondent. 10. It is a duty of the appellant to keep the vehicle in a working condition. 11.If the appellant abide by the aforesaid direction and release the vehicle and re-schedule the instalment treating the payments as payments towards principal and the borrower is not making any default in payment of future installment, the possession of the car shall not be taken. 12.However, in the event of default of two successive installments, it would be open for the appellant to take possession of the vehicle on the basis of this order in accordance with law. 13.The Receiver appointed by the Arbitral Tribunal, may continue to have the symbolic possession. Whereabouts of the vehicle shall be informed to the Receiver on a monthly basis. 14.The learned Trial Court before whom the appeal is pending, may, if required, direct the appellant to file an affidavit of undertaking regarding payment of future installment/s and disclosure of the whereabouts of the vehicle on a monthly basis before disposal of the appeal. 15.The learned Trial Court in deciding the appeal shall take into 3 consideration the aforesaid observations, in disposing of the appeal on merits. However, even this order shall not fetter the learned Trial Judge in disposing of the appeal otherwise on consideration of full facts. 16. The parties are directed to place the said order in the pending appeal with a prayer for early disposal of the said appeal. 17. The Receiver appointed in the proceeding under Section 9 of the Arbitration and Conciliation Act, shall discharged upon delivering the said vehicle to the Receiver appointed by the Arbitral Tribunal in the presence of the parties. 18.The Receiver appointed by the Arbitral Tribunal shall remain in possession for the time being and till any order in this regard is passed by the learned Trial Court. 19. The report of the Receiver filed in Court is taken on record. 20.The appeal is, accordingly, dismissed. (Soumen Sen, J.) (Biswaroop Chowdhury, J.) 4