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Calcutta High Court

Srei Equipment Finance Limited vs Ray Infra Services Ltd. & Anr on 25 June, 2015

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

O-772
                                  AP No.704 of 2015
                          IN THE HIGH COURT AT CALCUTTA
                           Ordinary Original Civil Jurisdiction
                                    ORIGINAL SIDE

                          SREI EQUIPMENT FINANCE LIMITED
                                       Versus
                           RAY INFRA SERVICES LTD. & ANR.

  BEFORE:
  The Hon'ble JUSTICE SANJIB BANERJEE
  Date : 25th June, 2015.

                                                                             Appearance:
                                                                     Mr. S. Banerjee, Adv.

             The Court : The respondents are not represented despite service.

The petitioner claims that a sum in excess of Rs.1.17 crore is due in terms of the agreement upon the termination thereof, including an amount in excess of Rs.17.20 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 assets described at paragraph 2 of the petition in the usual course of business.

Mr. Amit Kumar Bhattacharya, Advocate of Bar Association Room No.4 and Mr. Sukumar Bhattacharya, Advocate of Bar Association Room No.2, are appointed Receivers for the purpose of making an inventory of the six assets described at paragraph 2 of the petition. The Receivers will act severally and not jointly. Each of the Receivers will be paid an initial remuneration of 2000 GM and all expenses for the Receivers' travel, accommodation and the like will be borne by the petitioner and added to the claim in the pending reference which is said to have been initiated.

The petitioner and the Receivers will inform the respondents that the petition will appear eight weeks hence.

2

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.) B.Pal