Judgment:
AP No.961 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CITICORP FINANCE (I) LTD.Versus ANADI KUMAR MAJEE & ANR.
BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :
11. h January, 2012.
Appearance: Mr.Arif Ali, Adv.Mr.Rahul Karmakar, Adv.The Court : Though the respondents were not represented earlier, it is submitted by advocate formerly representing the respondents that he has no instructions in the matter.
The respondents had earlier submitted that they be afforded some time to pay off the defaulted amount.
Since the respondents are not represented despite being aware of the proceedings and a substantial amount in excess of Rs.4 lakh remains due only on account of defaulted instalments, the Receiver appointed in the matter is directed to take possession of the equipment being the subject-matter of the agreement between the parties.
The Receiver will be paid a further remuneration of 600 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 reference which is said to be pending.
The Receiver will be entitled to seek police assistance for the purpose of implementation of the order and the Superintendent of Police exercising jurisdiction over the area or officer of like rank will render all assistance to the Receiver at his request.
In the event the whereabouts of the asset is not known to the petitioner, the petitioner may appoint an agent for the purpose of ascertaining the whereabouts of the asset.
The Receiver’s agent will not disturb any person’s possession of the asset but will merely report the matter to the Receiver upon discovering the whereabouts of the asset for the Receiver to forthwith take possession thereof.
The matter will appear six weeks hence.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) kc.
A.R(C.R)