Calcutta High Court
Vijaywargi Pulses & Grains Pvt. Ltd vs Care Utility Products (Pvt.) Ltd on 18 July, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.1754 of 2018
With
CS No.137 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
VIJAYWARGI PULSES & GRAINS PVT. LTD.
Versus
CARE UTILITY PRODUCTS (PVT.) LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 18th July, 2018.
Appearance:
Mr. Jishnu Chowdhury, Adv.
Ms. Anshumala Bansal, Adv.
Mr. Tanmoy Chakraborty, Adv.
The Court : The report filed by the receiver shows that the receiver was not allowed entry to the warehouse in which it is claimed that the subject matter of the suit are stored. The defendant disowns any responsibility as it is submitted that the warehouse does not belong to the defendant and the defendant has not stored any material of the suit specification in the said warehouse. This, however, is disputed by the plaintiff. In view thereof, the receiver is directed to revisit the said warehouse. Boxco Logistics India Private Limited is directed to permit the receiver to enter the warehouse and make inventory only for the limited purpose of finding out the existence of Romanian Yellow Peas store by the defendant. The Boxco Logistics India Private Limited shall produce log book and stock register of the warehouse to the receiver from 10th July, 2018 till date and furnish documents if any to show that the defendant has 2 used the said warehouse and if any Romanian Yellow Peas have been removed by the defendant between 10th July, 2018 till this date. Any obstruction to the receiver by Boxco Logistics India Private Limited shall be treated as an act of contempt.
This order shall be immediately communicated to Boxco Logistics India Private Limited by the Advocate-on-Record of both the parties. The receiver shall visit the said warehouse tomorrow at 5 PM when parties are directed to make arrangement. A responsible officer of Boxco Logistics India Private Limited should be present at the site during inspection and shall sign the minutes to be prepared by the receiver at the site on behalf of Boxco Logistics India Private Limited. The receiver shall be entitled to a further remuneration of 1500 GMs to be paid by the petitioner.
The matter stands adjourned till Wednesday (25th July, 2018). A duly urgent certified copy of the order shall be immediately made available to the receiver.
(SOUMEN SEN, J.) B.Pal