Calcutta High Court
Tata Capital Ltd vs M/S. Bhagawati Construction Co. & Anr on 18 April, 2011
Author: I. P. Mukerji
Bench: I. P. Mukerji
AP No. 144 of 2011
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
IN THE MATTER OF :
TATA CAPITAL LTD.
Versus
M/S. BHAGAWATI CONSTRUCTION CO. & ANR.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 18th April, 2011.
Appearance :-
Mr.Swatarup Banerjee, Adv.,
for the petitioner.
Mr.Avik Banerjee, Adv.,
Mr.C.K. Saha, Adv.,
for the respondents.
The Court : Leave is granted under Clause 12 of the Letters Patent subject to the question of its requirement. This is a section 9 application founded on a loan-cum- hypothecation agreement between the parties, containing an arbitration clause.
Outstanding dues of the respondents as of date are over Rs.20,00,000/-. The subject matter is an excavator. An award has already been passed.
2Affidavit of service is on record. None appears for the respondents.
Therefore, on the above prima facie, I pass an order in terms of prayer (a) of the petition. I appoint Mr.Bhakti Prasad Das as Receiver at a remuneration of 700 GMs. to be paid by the petitioner. Receiver to file the report by the returnable date. I also pass an order in terms of prayer (b) of the petition.
The local police authority is directed to render necessary assistance to the Receiver, if so requisitioned by him. The assistance to be rendered by the police will include the necessary help in tracing out the equipment. The Receiver will be at liberty to appoint an agent but must exercise full control over such agent.
Since the respondents have appeared, the following direction is made for filing of affidavits :
Affidavit-in-opposition be filed by 3rd May, 2011. List this application on 17th May, 2011. Affidavit-in-reply may be filed in the meantime.
Considering the submission of the learned Counsel for the respondents who has brought two cheques aggregating to Rs.2,34,136/-, the Receiver will not take any steps for ten 3 days from date to enable the respondents to take out an appropriate application.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I. P. MUKERJI, J.) sd/