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Calcutta High Court

Srei Equipment Finance Pvt. Ltd vs Spanco Limited on 7 January, 2014

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                               AP No.1001 of 2013

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


                                      SREI EQUIPMENT FINANCE PVT. LTD.
                                        -Versus-
                                      SPANCO LIMITED


                                                                      Appearance:
                                                               Mr. Utpal Bose, Adv.

                                                           Ms. Ahana Sikdar, Adv.


  BEFORE:
  The Hon'ble JUSTICE SANJIB BANERJEE
  Date : January 7, 2014.


           The Court : Since the respondent is agreeable to make over

possession of all the assets covered by the agreement to the petitioner and the petitioner seeks the appointment of a receiver for such purpose, Mr. Pratik Bose, Advocate, of Bar Association Room No.17 is appointed receiver to take possession of the assets covered by the agreement at the various locations to be indicated by advocate for the respondents to the receiver by way of a letter.

The receiver will be paid an initial remuneration of 4000 GM and all expenses for the receiver's travel, accommodation and the like will be borne by the petitioner and added to the claim in the pending arbitral reference.

There will be an order of injunction restraining the respondents whether by themselves or by their servants or agents or assigns otherwise howsoever from dealing with or disposing of or alienating or encumbering or parting with possession of the assets covered by the agreement in favour of any 2 person other than the petitioner till such time that the receiver takes possession thereof. The receiver will keep the assets at one or more places to be provided by the petitioner, invite offers therefor in such newspapers as the petitioner may suggest and report to Court when the matter appears next six weeks hence.

Certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities.

(SANJIB BANERJEE, J.) sg.