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Calcutta High Court

Religare Finvest Ltd vs Damodar Developers Pvt. Ltd. And on 16 February, 2016

Author: Harish Tandon

Bench: Harish Tandon

                             EC No.1030 of 2015

                        IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE


                                      RELIGARE FINVEST LTD.

                                              -Versus-

                                      DAMODAR DEVELOPERS PVT. LTD. AND
                                      ANR.

                                                                       Appearance:
                                                         Mr. Rajtilok Ghosal, Adv.
                                                         ...for the decree-holder.


      BEFORE:
      The Hon'ble JUSTICE HARISH TANDON

Date : 16th February, 2016.

The Court : Pursuant to the order dated 15th October, 2015, the receiver has taken possession of the vehicle in question and has kept the same in Utsav Parking yard in Bhadreswar, Hooghly.

The judgment-debtors are not represented. The report of the receiver further reveals that the judgment-debtors have agreed to pay a total sum of Rs.12 lakh to the decree-holder to satisfy the decree passed against them. The decree-holder prays for a direction to sell the vehicle by the receiver as the judgment- debtors have no intention to pay off the decretal amount. It further appears that first of the instalments was agreed to be paid on 25th January, 2016 which, according to the decree-holder, has not been paid. The receiver is permitted to sell the vehicle 2 in question by public auction. The notice shall be published in two leading newspapers once in English (The Telegraph) and once in Bengali (Aajkal) within two weeks from date. After receiving the offers from the intending buyers, the receiver shall not confirm the sale without seeking leave of this Court.

Let the matter appear in the combined monthly list of cases for the month of April, 2016.

(HARISH TANDON, J.) A/s.