Calcutta High Court
Magma Fincorp Limited vs Mahesh Kumar Sahoo on 18 May, 2016
Author: Harish Tandon
Bench: Harish Tandon
ORDER
EC No. 245 of 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
MAGMA FINCORP LIMITED
Versus
MAHESH KUMAR SAHOO
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date : 18th May, 2016.
Appearance:
Mr. K. K. Pandey, Advocate.
The execution application is taken out for enforcement of an award made and published on 26th May 2015. It is stated that the award was duly served on the judgment debtor and the period provided under Section 34 of the Arbitration and Conciliation Act, 1996 has expired. The award, which is a deemed decree, becomes enforceable under Section 36 of the said Act. Since the application for execution is taken out within two years from the date of the award, the judgment debtor is not entitled to notice.
After hearing the learned Advocate for the decree holder, this Court finds that it is just and convenient to appoint a Receiver. Miss Yogita Gaurisaria, Advocate, High Court Bar Association Room No. 12 (Mobile: 9433543362), is appointed as Receiver to take possession of the asset in question either personally or through agent and shall file the report before this Court.2
The remuneration of the Special Officer is fixed at 800 GMs. to be paid by the decree holder at the first instance.
Till the time the Receiver takes the possession of the asset in question, there shall be an order in terms of prayer (c) of Column 10 of the Tabular Statement.
The execution application is made returnable six weeks after the reopening of this Court following Summer Vacation.
(HARISH TANDON, J.) S. Kumar