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Calcutta High Court

Coronation Infrastructure Pvt.Ltd. ... vs Srei Equipment Finance Ltd on 8 December, 2021

Author: I. P. Mukerji

Bench: I. P. Mukerji

ODC 1

                   IN THE HIGH COURT AT CALCUTTA
                    CIVIL APPELLATE JURISDICTION
                          (Commercial Division)
                             ORIGINAL SIDE


                          APOT No. 199 of 2021
                                   With
                           AP No. 371 of 2021
                           IA No. GA 1 of 2021

         CORONATION INFRASTRUCTURE PVT.LTD. AND ORS.
                                  Versus
                    SREI EQUIPMENT FINANCE LTD.




Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice ANIRUDDHA ROY
Date: 8th December 2021
(via Video Conference)
                                                                    Appearance:
                                           Mr. Surojit Nath Mitra, Sr. Advocate
                                                      Mr. Vivek Basu, Advocate
                                                  Mr. Arindam Paul, Advocate
                                                              for the appellants
                                             Mr. Swatarup Banerjee, Advocate
                                            Mr. Soubhik Chowdhury, Advocate
                                               Mr. Dripto Majumdar, Advocate
                                                Mr. Prateek Sakseria, Advocate
                                                Ms. Ayusmita Sinha, Advocate
                                                  Mr. Debottam Das, Advocate
                                                            for the respondent

The Court: This appeal from a judgment and order dated 18th November, 2021, passed on an application under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia, appointing a receiver to take actual physical possession of the assets mentioned in Annexure 'B' relating to paragraph 14 of the petition, is formally admitted.

The supplementary affidavits brought ready to court by the appellants are accepted and taken on record.

The appeal and the application are appearing under the heading "To Be Mentioned". Let it appear under the correct heading "New Application" at the top on 13th December, 2021. 2

Mr. Banerjee, learned advocate for the respondent, makes a statement on behalf of his client before this court that till this court is in a position to consider the stay application, the receiver would not take possession of the assets in terms of the impugned order.

(I. P. MUKERJI, J.) (ANIRUDDHA ROY, J.) cs.