Calcutta High Court
Magma Fincorp Limited vs Jmd Mega And Infrastructutes Ltd. & Ors on 1 May, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EC No.140 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MAGMA FINCORP LIMITED
Versus
JMD MEGA AND INFRASTRUCTUTES LTD. & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 1st May, 2018.
Appearance:
Mr. K.K. Pandey, Adv.
The Court: This is an application for execution of an award dated 28th October, 2017 which is a deemed decree. Since the award is less than two years old, no prior notice is required to be served upon the judgment debtors. It is submitted that the award is not under challenge. The statutory period to challenge the award has expired in the meantime.
Under such circumstances, there shall be an order in terms of prayer (a). Mr. Mukul Mukherjee, learned Advocate Bar Association Room No.14, (Mob. No.9831599529, 9836813144, is appointed as a Receiver over in respect of the properties mentioned in paragraph 36 of the affidavit in support of the Tabular Statement with a direction to make inventory of the said properties and file a report on the adjourned date. The Receiver shall remain in symbolic 2 possession of the said properties in question and shall not disturb the possession of the judgment debtors in any manner whatsoever.
The Receiver shall be entitled to an initial remuneration of 1500 Gms. to be paid by the award-holder and all expenses on account of the Receiver's travel, accommodation and the like shall be borne by the award-holder at the first instance and shall be added to its claim in the execution proceedings.
The matter is made returnable on 16th May, 2018.
(SOUMEN SEN, J.) sp/