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Calcutta High Court

Srei Equipment Finance Pvt. Ltd vs Rajesh Agarwal & Anr on 12 December, 2013

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                                AP No.1271 of 2013

                       IN THE HIGH COURT AT CALCUTTA

                        Ordinary Original Civil Jurisdiction

                                  ORIGINAL SIDE



                      SREI EQUIPMENT FINANCE PVT. LTD.
                                   Versus
                           RAJESH AGARWAL & ANR.


  BEFORE:

  The Hon'ble JUSTICE SANJIB BANERJEE

  Date : 12th December, 2013.


                                                                         Appearance:
                                                                    Mr. A. Mitra, Adv.


             The Court : There does not appear to be any basis for the present

petition to have been filed, particularly, since the new offer received for sale of the

assets is not a big improvement on the offers that were found to unconscionable

in the order dated August 12, 2013 passed on the previous petition under

Section 9 of the Arbitration and Conciliation Act, 1996.

             The petitioner says that the arbitral reference has concluded and the

award is awaited.

             In such circumstances, the two assets which cost about Rs.32 lakh

each in the year 2011 cannot be sold at a combined amount of about Rs.8 lakh,

notwithstanding the respondents not showing any interest in the matter.
2

AP No.1271 of 2013 is disposed of without any order. There will be no order as to costs.

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.) bp.