Calcutta High Court
Parijat Vyapaar Pvt. Ltd vs Kesh Bihari Choudhury on 12 February, 2010
Author: Patherya
Bench: Patherya
GA No. 374 of 2010
CS NO.356 OF 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
PARIJAT VYAPAAR PVT. LTD.
Versus
KESH BIHARI CHOUDHURY
For Petitioner : MR. A. SINHA, ADVOCATE.
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 12th February, 2010.
The Court : In a suit for a money decree this application has
been filed for interim relief.
The case of the petitioner is that a Scorpio car was sold to the respondent
and a Rock Breaker Excavator was given on hire to the respondent. Although a sum of Rs.4,00,000/- was paid in respect of the Scorpio car, the same was adjusted towards the hire charges of the Rock Breaker. This is reflected in the Memorandum of Understanding executed between the parties. In fact, a further sum of Rs.3,80,000/- was paid by two several cheques and the balance sum of 2 Rs.20,000/- was to be paid at the time of change of ownership after obtaining necessary No Objection Certificate from the competent authority. As hire charges for the Rock Breaker was not paid possession thereof has been taken by the petitioner of the Excavator but the Rock Breaker which is a detachable instrument is still lying in the possession of the respondent and the petitioner by this application seeks return thereof. The petitioner also seeks return of the car.
No notice of this application has been served on the respondent as the petitioner apprehends that steps will be taken to alienate not only the Rock Breaker but also the Scorpio car.
Having considered the facts and circumstances of the case, as the petitioner has taken possession of the Excavator and the only apparatus which is lying with the respondent is the Rock Breaker, there will be an order of injunction restraining the respondent from dealing with, disposing of and/or creating third party interest and/or using the petitioner's Rock Breaker.
As regards the payment of sums on account of the Scorpio car Rs.3,80,000/- has be realised by the petitioner and the balance Rs.20,000/- was to be paid at the time of change of ownership such ownership has not changed and on the happening of such an event, there is every possibility of balance sum being paid. Therefore, no order except an order of injunction is passed in respect of the Scorpio car restraining the respondent from dealing with and/or disposing 3 of the same except without change of ownership till 22.2.2010. Matter to appear in the list on 19.2.2010 Mr. Subhragsu Panda, Advocate, Bar Association Room No.5 is appointed Receiver at an initial remuneration of 300 GMs. to make an inventory and take possession of the Rock Breaker lying with the respondent as the said instrument belongs to the petitioner. The Receiver will file his report on the next date of hearing.
Receiver and all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.
(PATHERYA, J.) pkd.
Asstt.Registrar[C.R.]