Calcutta High Court
Srei Equipment Finance Ltd vs Virgo Softech Ltd. & Anr on 11 August, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
ORDER
AP No. 1539 of 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
SREI EQUIPMENT FINANCE LTD.
Versus
VIRGO SOFTECH LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date: 11th August 2014.
Appearance:
Mr. Debasish Kundu, Senior Advocate
Mr. Kaushik Chatterjee, Advocate
Ms. R. Jaiswal, Advocate
...for the petitioner.
Mr. Mohit Gupta, Advocate
...for the respondents.
Ms. Sangeeta Roy, Advocate ...Receiver.
The Court: Let the report of the Receiver filed in court today be taken on record. Perusing the same, it appears that one Atul P. Anand, a Director of the respondent company, caused obstruction and hindrance to the Receiver, which resulted in her failure to discharge her duties on the basis of the directions given by this Court in its order dated 12th June 2014. Any person, who obstructs an officer of the Court from carrying out the Court's directions, is liable to be taken to task the moment such facts come to the notice of the Court.
In such circumstances, ordinarily an arrest warrant is required to be issued to have the concerned person arrested and brought before the Court. However, since the learned advocate 2 appearing on behalf of the respondent company submits that he will bring Atul P. Anand before this Court on the next date, let this matter stand adjourned till 21st August 2014.
The aforesaid order, however, shall not prevent the Receiver from going to any other place where the assets may be lying and to take physical possession of the same by taking local police help, if required.
The Receiver will be entitled to further remuneration of 1000 GM, which shall be included in the arbitral claim of the petitioner.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.
( BISWANATH SOMADDER, J. ) S. Kumar A.R.(C.R.)