Calcutta High Court
Ica Infotech Pvt. Ltd vs Rishikool Learning Resources Pvt on 20 October, 2009
Author: Aniruddha Bose
Bench: Aniruddha Bose
ORDER SHEET
GA No.2418 of 2009
AP No.125 of 2008
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
In the matter of:
ICA Infotech Pvt. Ltd.
Versus
Rishikool Learning Resources Pvt.
Ltd. & Ors.
Before:
The Hon'ble Justice
Aniruddha Bose
Date. 20.10.2009
Appearance:
Ms. Hasnuhana Chakraborty, Adv., Mr. Shiv Ratan Kakrania Adv.,
For the petitioner.
Mr. Smita Mukherjee Adv., for the respondent.
The Court: Heard learned Counsel for the petitioner and the respondents. This notice of motion has been taken out in substance for a direction upon the learned Receiver appointed in this matter to take the inventorised materials out of the flat in which these are stored now to another location to be provided by the petitioner. The reason for making such prayer is that the petitioners are in the process of vacating the flat in which these goods are stored.
Learned Counsel appearing for the respondent does not oppose such prayer at this stage.
2
Under these circumstances, let there be an order directing the learned Receiver to ensure that the materials and/or goods which at present are stored in Flat No.104, Chandra Towers (near Lucknow, public Collegiate), Lucknow U.P. to a flat situated in 3rd Floor K.R. Towers, 14 Station Road, near Hussainganj Chintel's House, Lucknow-226001. It is submitted on behalf of the petitioner that the petitioner is in lawful occupation of the later location. The learned Receiver shall be paid a further remuneration of 400 GMs. for this exercise. The travel, costs and other related expenses shall be borne by the petitioner. Prior to the shifting, the learned Receiver shall inform in writing the learned Advocate on Record of the respondents the date on which he proposed to effect such shifting and the respondent shall be entitled to send a representative to assist the learned Receiver on that date for completing this exercise. Upon such shifting being completed, the petitioner shall assume the responsibility for safe keeping of the goods. The Receiver shall file a report to this Court in this regard after completion of this exercise.
The present application stand disposed of in the above terms. Since the application is being disposed of without filing of any affidavit, to which arrangement learned Advocate for the respondent have agreed to, the allegations made in the 3 petition shall be deemed to have not been admitted. No order as to costs.
Receiver and all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.
(Aniruddha Bose, J.) SP/