Calcutta High Court
Srei Equipment Finance Limited vs Anupam Majumder on 7 January, 2020
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-35
AP 805 of 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SREI EQUIPMENT FINANCE LIMITED
Versus
ANUPAM MAJUMDER
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 7th January, 2020.
Appearance:
Mr. Swatarup Banerjee, Adv.
Mr. Sk. Sariful Haque, Adv.
Mr. Ratul Biswas, Adv.
...for the petitioner.
The Court : This is an application under Section 9 of the
Arbitration & Conciliation Act, 1996 as amended by Act 3 of 2015
(in short, "the Act of 1996").
From the affidavit of service filed on behalf of the
petitioner it appears that a copy of the application as forwarded
to the respondent has been received by it. However, the
respondent remains unrepresented.
It is the case of the petitioner that in terms of a Master Lease Agreement dated August 14, 2018 (hereinafter referred to as "the said agreement") the respondent obtained financial accommodation for acquiring the equipment, described in paragraph 4 of the application on lease. According to the petitioner, the 2 respondent has failed to pay the monthly lease rentals in terms of the said agreement and the said agreement has been terminated. As on September 19, 2019, Rs.25,84,155.50/- remains due and payable by the respondent to the petitioner. In spite of demand, the respondent has failed and neglected to repay the said amount. Accordingly, the petitioner has terminated the said agreement and filed this application to take possession of the said asset through Receiver.
Considering the materials on record, I find that the petitioner has made out a prima facie case for obtaining interim protection in respect of the said asset, described in Paragraph 4 of the application, presently lying at Uttar Manikkol, Madiahat in the District of North 24 Parganas.
Accordingly, Mr. Arindam Paul, Advocate, 6, Old Post Office Street, Kolkata-700 001, is appointed the Receiver to take actual physical possession of the said asset, described in Paragraph 4 of the application from the respondent. After taking possession of the said asset, the Receiver shall keep the same, in his custody, at a safe place to be provided by the petitioner.
The Receiver shall be paid an initial remuneration of 2000 GMs by the petitioner. The petitioner shall also arrange for the visit of the Receiver at the relevant places in the District of North 24 Parganas. Needless to mention that a competent officer of 3 the petitioner shall all along accompany the Receiver in the District of North 24 Parganas.
If necessary, the Receiver shall approach the concerned Superintendent of Police for obtaining police assistance to implement this order. If the petitioner deposits the requisite fees with the concerned authorities, the Superintendent of Police of the concerned District shall render necessary police assistance to the Receiver to take actual physical possession of the said asset from the respondent.
The application is made returnable on January 28, 2020. The Receiver shall file his report on the next date of hearing.
All parties, including the Receiver and the concerned police authorities shall act on the copy of the certified website copy of this order.
(ASHIS KUMAR CHAKRABORTY, J.) s.pal