Calcutta High Court
Srei Equipment Finance Ltd vs Virgo Softech Ltd & Anr on 11 February, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
AP No. 1539 of 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
SREI EQUIPMENT FINANCE LTD
Versus
VIRGO SOFTECH LTD & ANR.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 11th February, 2014.
Mr. Debasish Kundu, Adv. appears
The Court : The respondents are not represented despite previous
service.
The petitioner claims that an amount in excess of Rs.9.7 crore is due upon the termination of the agreement, including a sum in excess of Rs. 1.07 crore on account of defaulted instalments.
There will be an order of injunction restraining the respondents from dealing with or disposing or alienating or encumbering any of the assets that form the subject-matter of the agreement between the parties in any manner whatsoever without the previous leave of Court. 2
Ms. Sangeeta Roy, Adv., Bar Association Room No. 5, is appointed Receiver for the purpose of making an inventory of the assets covered by the agreement. It will be open to the Receiver to seek the particulars of the whereabouts of the assets from the respondents. The Receiver will be paid an initial remuneration of 2000 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.
The respondents should also show cause as to why the respondents should not be restrained from receiving payment from their debtors till such time that the default under the subject agreement is made good.
Let the matter appear four weeks hence.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) kc.