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Calcutta High Court

L & T Finance Limited vs Deepak Kumar Agarwal & Anr on 25 June, 2015

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

O-821
                                   AP No.754 of 2015
                           IN THE HIGH COURT AT CALCUTTA
                            Ordinary Original Civil Jurisdiction
                                     ORIGINAL SIDE

                               L & T FINANCE LIMITED
                                        Versus
                           DEEPAK KUMAR AGARWAL & 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.6.53 lakh is due in terms of the agreement upon the termination thereof, including an amount in excess of Rs.3.16 lakh on account of defaulted instalments.

There will be an order of injunction in terms of prayer (a) of the petition which will, however, not prevent the respondents from using the asset described at paragraph 2 of the petition in the usual course of business.

Ms. Sujata Sengupta, Advocate of Bar Association Room No.1, 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 for the Receiver's 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 Receiver will inform the respondents that the petition 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.) bp.