Special Receiver Is 'Agent' Of Court, Must Be Given Immediate Assistance By Police For Executing Court Orders: Bombay HC

In relation to an IPR suit, the Bombay High Court flagged the issue of police officers failing to provide assistance to additional special receivers (who report to court receivers), observing that they are agents of the court who execute ex-parte ad interim orders and so must be given effective immediate assistance by the police machinery.  

Highlighting the need to provide police assistance in such cases, Justice Manish Pitale observed “It is to be noted that the Additional Special Receiver reporting to the court receiver is an extension of the arm of the Court and also its agent, for the reason that the Presiding Judge cannot actually go to the spot and ensure execution of such ad-interim orders. Due deference is expected to be shown to the orders of this Court and the Additional Special Receiver, so that the majesty of the Court is duly respected. This Court is of the opinion that even if the police machinery is performing its regular duties, the police officers ought to appreciate the said aspect of the matter and they ought to provide immediate effective police assistance when the Additional Special Receiver reaches the spot for execution of the ex-parte ad-interim orders.”

The case concerned a suit filed by Hindustan Unilever Limited (applicant), wherein the Court had granted certain ex-parte ad-interim reliefs. The Additional Special Receiver was asked to submit a report to the Court Receiver.

However, a site report of the Additional Special Receiver indicated that the police police personnel did not provide appropriate assistance. The applicant thus submitted that the court's order could not be executed because the police personnel did not extend co-operation and support to the Additional Special Receiver.

The High Court noted due to inaction of the police officers, the defendants got an opportunity to remove the counterfeit products, thus defeating the purpose of the injunction order.

“Attention of this Court was specifically invited to the site report dated 18.12.2024 submitted by the Additional Special Receiver, which forms part of the Court Receiver's Report No.63 of 2025. It was submitted that the said report records in detail as to the manner in which the Additional Special Receiver was required to run from pillar to post before the police authorities and yet, proper police assistance was not provided. The direct consequence of such a state of affairs was that the defendants got an opportunity to remove the counterfeit products, thereby defeating the very purpose of the ex-parte ad-interim orders issued by this Court.”

In view of the circumstances, the Court directed the concerned police officers to provide assistance to the Additional Special Receiver immediately. It further granted extension to the Additional Special Receiver to submit the report, 

The Court asked the Commissioner of Police, Joint Commissioner of Police (Law and Order) and Deputy Commissioners of Police to sensitize the local police officers to provide such immediate effective police assistance to the court receivers.

Furthermore, the Court observed that police personnel cannot ask for any fees or charge for providing assistance as the Receiver is following the court's orders.

It remarked, “It is brought to the notice of this Court that in some cases, the police personnel have been asking the Additional Special Receiver to deposit official fees / charges for providing police assistance. This is completely misplaced as the Additional Special Receiver is acting as an extended arm and agent of this Court for ensuring execution of such ex- parte ad-interim orders. The police assistance shall be provided without insisting upon any 'official fees / charges'.”

Case title: Hindustan Unilever Limited vs. Ashok Kumar Unknown Persons in Maharashtra

Citation: 2025 LiveLaw (Bom) 64

Appearances: Mr. Hiren Kamod a/w. Mr. Jayesh Kalebere, Ms. Radha Naik and Mrs. Laher Shah i/b. Mrs. Laher Shah for Applicant / Plaintiff; Ms. Charushila Vaidya, 2nd Assistant to Court Receiver

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