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Calcutta High Court

M/S. Tata Capital Financial Services ... vs Alsace Infra Projects Pvt. Ltd. & Anr on 13 June, 2014

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                               AP No.694 of 2014

                      IN THE HIGH COURT AT CALCUTTA

                       Ordinary Original Civil Jurisdiction

                                 ORIGINAL SIDE



              M/S. TATA CAPITAL FINANCIAL SERVICES LIMITED
                                  Versus
                ALSACE INFRA PROJECTS PVT. LTD. & ANR.



  BEFORE:

  The Hon'ble JUSTICE SANJIB BANERJEE

  Date : 13th June, 2014.


                                                                      Appearance:
                                                              Ms. S. Sharma, Adv.



            The Court : The respondents are not represented despite service.

The petitioner claims that a sum in excess of Rs. 31.70 lakh is due upon the termination of the agreement, including a sum in excess of Rs.26.83 lakh on account of defaulted instalments.

There will be an order of injunction in terms of prayer (c) 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. Aparna Ghosh, Advocate, of Bar Association Room No.5, is appointed Receiver for the purpose of making an inventory of the asset. The 2 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.

The petitioner and the Receiver will inform the respondents that the matter 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.) kc.

A.R(C.R)