Calcutta High Court
Magma Fincorp Limited vs Gurnam Singh on 12 December, 2013
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
AP No.721 of 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MAGMA FINCORP LIMITED
-Versus-
GURNAM SINGH
Appearance:
Mr. K.K. Pandey, Adv.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : December 12, 2013.
The Court : The respondents are not represented despite previous
service.
The petitioner reports that though the receiver's agent has not been able to ascertain the whereabouts of the asset, an award has been made in the petitioner's favour on August 26, 2013.
Since the award may have become executable, A.P.No.721 of 2013, which is a petition under Section 9 of the Arbitration and Conciliation Act, 1996, is disposed of by confirming the subsisting order of injunction which will, however, not prevent the respondent from using the asset in the usual course of business unless interdicted by an order of an appropriate forum.
The receiver stands discharged without being required to file any accounts.
There will be no order as to costs.
2Certified 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/dg2