Calcutta High Court
L & T Finance Limited vs Manoj Kumar Nayak & Anr on 27 March, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
AP No.480 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
L & T FINANCE LIMITED
-Versus-
MANOJ KUMAR NAYAK & ANR.
Appearance:
Ms. S. Saha, Adv.
...for the petitioner.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : March 27, 2014.
The Court : The respondents are not represented despite service.
The petitioner claims that a sum in excess of Rs.6.46 lakh is due upon the termination of the agreement, including an amount in excess of Rs.1.20 lakh on account of defaulted instalments.
There will be an order of injunction in terms of prayer (b) of the petition which will, however, not prevent the respondents from using the asset described at paragraph 5 of the petition in the usual course of business.
Mr. Netai Chand Manna, Advocate of Bar Association, Room No.4, is appointed receiver for the purpose of making an inventory of the asset covered by the agreement. The receiver will be paid an initial remuneration of 1000 GM and all expenses on account of the receiver's travel, accommodation and the like will be borne by the petitioner and added to the petitioner's claim in the arbitral reference which is said to have been initiated.
2
The petitioner and the receiver will inform the respondents that the matter will appear eight weeks hence.
Certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) A/s.