Calcutta High Court
Srei Equipment Finance Limited vs Mms Steel & Power Pvt. Ltd on 11 January, 2017
Author: Soumen Sen
Bench: Soumen Sen
A.P. No. 953 of 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
Srei Equipment Finance Limited
Versus
MMS STEEL & POWER PVT. LTD
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date: 11th January , 2017
Appearance:
Mr. Utpal Bose, Advocate
Ms. Urmila Chakraborty, Advocate
Ms. Appabrita Saha, Advocate
for the petitioner
The Court : The respondents are not represented despite apparent
service. The affidavit of service is kept with the record. The petitioner claims that a sum in excess of Rs. 16,85,67,527/- is due upon the termination of the agreement including an amount in excess of Rs. 59,55,805/- on account of defaulted installments. There shall be an order of injunction in terms of prayer (c) of the petition.
Mr. Saurojit Datta, Advocate (Mobile: 9903273272), is appointed Receiver over and in respect of the asset in question with a direction to take physical possession of the said asset after making inventory. The Receiver shall keep the said asset at a place provided by the petitioner. However, in the event the respondent pay a sum of Rs. 59 lakhs to the petitioner within a period of three weeks from the date of communication of this order, the receiver shall not take possession of the said asset and shall remain in symbolic possession thereof. The Receiver will be paid an initial remuneration of 1500 GMs and all expenses for 2 the Receiver's travel, accommodation and the like will be borne by the petitioner and added to the claim in the arbitral reference which is to be initiated with a period of 90 days from date, failing which this order shall remain automatically vacated.
The petitioner and receiver will inform the respondents that petition will appear after four Weeks.
(SOUMEN SEN, J.) S. Kumar