Calcutta High Court
Calcutta Auto Works Pvt. Ltd vs Shyamal Kanti Das on 12 January, 2009
Author: Indira Banerjee
Bench: Indira Banerjee
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
AP No. 628 of 2008
CALCUTTA AUTO WORKS PVT. LTD.
VS.
SHYAMAL KANTI DAS
Before:
The Hon'ble Justice Indira Banerjee
Date : January 12, 2009
Appearance:
Mr. Debol Banerjee, Sr. Advocate.
Mr. V. Kundalia, Advocate.
Mr. K. Shah, Advocate.
The Court:- No one has appeared to oppose this application in spite
of notice.
By an order dated December 23, 2008 this Court restrained the
respondent from transferring, dealing with, alienating, encumbering and/or
creating third party interest in the showroom in question and the land appurtenant thereto as specified in paragraph (a) of the petition and also from selling any moveable property including any motor vehicles and/or vehicles presently in possession of the title deeds in respect of the property at which the showroom was situate. From the affidavit of service it appears that the order was duly 2 communicated to the respondent. A delivery report of the postal authorities obtained on internet has also been submitted in Court.
Mr. Banerjee appearing on behalf of the petitioner handed over a delivery challan dated January 7, 2009 wherefrom it appears that a Bajaj Mixer Grinder has been sold from the property in question notwithstanding the order of injunction passed by this Court.
Let an affidavit be affirmed placing the delivery challan and the receipt on record.
There will be a Receiver over the showroom in question. The Receiver shall make an inventory of all the moveable properties of the respondent.
Mr. Tarit Kanti Banerjee, Advocate, Bar Association, Room No.4 is appointed Receiver over the showroom of the respondent specified in the petition. The Special Officer shall make inventory of the vehicles, deeds, documents and other items at the showroom and submit a report to this Court within two weeks from date.
The interim order earlier passed by this Court shall continue until further orders of this Court.
The learned Receiver shall also make an inventory of the goods/articles and documents lying at the showroom of the respondent at No.2 Barrackpur Road, 12 No. Rail Gate, Barasat, Kolkata.
The learned Receiver shall be entitled to initial remuneration of 600 G.Ms to be paid by the petitioner at the first instance. 3
Let the application be listed as "Adjourned Motion(unopposed)" three weeks hence.
Receiver and all parties are to act on a xerox signed copy of this order on the usual undertakings.
(INDIRA BANERJEE, J. ) CS.