Calcutta High Court
Srei Infrastructure Private Ltd vs Tuff Drilling Pvt. Ltd. & Ors on 13 July, 2010
Author: I.P. Mukerji
Bench: I.P. Mukerji
1
GA No.2160 of 2010
With
AP No.657 of 2009
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
In the matter of:
Srei Infrastructure Private Ltd.
Versus
Tuff Drilling Pvt. Ltd. & Ors.
Before:
The Hon'ble Justice
I.P. Mukerji
Date: 13.07.2010
Appearance:
Mr. Jishnu Chowdhury, Adv.
Mr. Ratnanko Banerjee, Adv.,
Mr. Satarup Banerjee, Adv.,
The Court: The subject matter is an agreement for lease of an oilrig,
between the petitioner and the respondent no.1. That agreement contains an
arbitration clause.
On the ground of alleged failure of the said respondent to pay lease rent, an application under Section 9 of the Arbitration and Conciliation Act was taken out by the petitioner being AP No.657 of 2009. Various interlocutory applications were also taken out in aid of that application by the parties being GA No.3078 of 2009, GA No.2849 of 2009 and GA No.341 of 2010.
All these applications were disposed of by this Court by directing the Receiver to take possession of the oilrig in question and to make over its 2 possession to the petitioner. Such possession has been taken by the Receiver and made over to the petitioner. The valuation of the oilrig is in progress pursuant to those orders.
Now, this application has been taken out by the respondent no.1 saying that the rig comprises of spares and accessories, which are not part of that rig and not part of the lease agreement. Hence those spares and accessories be identified, separated and handed over to the respondent no.1.
Since a Receiver had been appointed by the Court who took possession of the oilrig and made it over to the petitioner, this Court is competent to pass orders declaring that spares and accessories are not part of the rig or subject matter of the lease agreement and that they should be made over to the respondent no.1. Some documentary evidence to establish the nature of this accessories is annexed to the petition as annexure B. However, this question has to be gone into. Considering the above prima facie case I direct the Receiver to make a fresh inventory of the oilrig in presence of the parties, by appointing an expert to identify the accessories and spares which are not part of the lease agreement, if any, and to file a report before this Court. Copies of such report should be circulated to the parties. I make this application returnable three weeks hence as new motion. Receiver will be paid an ad hoc remuneration of 600 GMs. by the applicant and all his expenses including airfare, hotel expenses etc. will be borne by the applicant herein. The question of maintainability of this application is kept open. 3
Receiver and all parties are to act on a signed photocopy of this order on the usual undertakings.
(I.P. Mukerji, J.) SP/