Calcutta High Court
L & T Finance Ltd vs Gouri Shankar Singh & Anr on 22 February, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
AP No. 94 of 2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
L & T FINANCE LTD.
Versus
GOURI SHANKAR SINGH & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 22nd February, 2017.
Appearance:
Mr. Paritosh Sinha, Adv.
Mr. Debayan Sen, Adv.
The Court: The respondents are not represented despite apparent service. The
affidavit of service is kept with the record. The petitioner claims that a sum in excess of Rs.11,93,251.34 is due upon the termination of the agreement including an amount in excess of Rs.1,51,885/- on account of defaulted installments. There shall be an order of injunction in terms of prayer (b) of the petition.
Mr. Joydeep Roy, Advocate, High Court, Calcutta, Mobile No. 9836346954, is appointed Receiver over and in respect of the asset in question with a direction to take physical possession of the said asset after making an inventory. The Receiver shall keep the said asset at a place to be provided by the petitioner. However, in the event, the respondents pay a sum of Rs.1.51 lakhs to the petitioner within a period of three weeks from the date of communication of this order, the Receiver shall not take actual physical possession of the said asset and shall remain in symbolic possession thereof. The 2 Receiver may employ an agent. The Receiver will be paid an initial remuneration of 1500 GMs 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 arbitral reference which is to be initiated within a period of 90 days from date, failing which this order shall remain automatically vacated.
The petitioner and the Receiver will inform the respondents that the petition will appear after four weeks.
(SOUMEN SEN, J.) snn.