Calcutta High Court
Virgo Softech Ltd. & Anr vs Srei Equipment Finance Ltd on 14 July, 2014
Author: Arijit Banerjee
Bench: Arijit Banerjee
ORDER SHEET
GA 2110/2014
APOT 328/2014
AP 1539/2013
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
VIRGO SOFTECH LTD. & ANR.
Versus
SREI EQUIPMENT FINANCE LTD.
BEFORE:
The Hon'ble MR.BANERJEE, ACTING CHIEF JUSTICE
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 14th July, 2014.
Mr.Mohit Gupta, Advocate
Advocate for the appellant.
Mr.Kaushik Chatterjee, Advocate
Ms.Ruby Jaiswal, Advocate
for the respondent.
The Court : The appellants obtained appropriate financial support from the respondent to have various equipments required for IT Sector. The money was not paid. The appellants would contend, their money is blocked with the Central Government in the Aadhar Scheme. A sum of Rs.9 crores and odd is due and payable from the Central Government. The respondent would get only Rs.2.97 crores as would appear from page 157 of the application for stay. The learned Judge appointed Receiver to take charge of all the assets that the appellant purchased with the financial support from the respondent.
Being aggrieved, the appellants have now come up in appeal before us. Leaned Counsel appearing for the appellants would draw our attention to prayer (i) appearing at page 21 where the respondent themselves asked for 2 permission to collect the sum of Rs.9.74 crores from the appropriate authority and submits, in case this amount is collected, the respondent may appropriate their claim and refund the balance sum to the appellant.
Learned Counsel appearing for the respondent would submit, the Receiver already acted upon the said order and is about to submit his report on next Thursday, i. e July 17, 2014 before the learned single Judge. He also informs this Court, the appellant did not cooperate with the Receiver and the Receiver could not take possession of any of the assets. Learned Counsel appearing for the appellant, however, disputes such submission.
The learned single Judge passed an ad interim order giving direction for filing affidavits. Considering the facts discussed above, we find, the appellants are absolutely at the primary stage of hearing, we are not inclined to interfere.
The appeal fails and is hereby dismissed, after treating the same as on day's list, without any order as to costs. Consequently, the application is also dismissed.
The appellants may renew their prayer with regard to prayer (i) before the learned Single Judge at the time of final hearing.
(BANERJEE, ACJ.) (ARIJIT BANERJEE, J.) sd/ 3