Judgment:
ORDER
SHEET AP 23.OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus M/S.MISA DEVLOPERS & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :
19. h September, 2013.
Appearance : Mr.Swatarup Banerjee, Adv.The Court : The petitioner seeks an order for confirmation of the sale of one tandem roller which appears to have been severely burnt.
The respondents were previously represented in the present proceedings and, according to the petitioner, are contesting the arbitral reference.
The sale of the burnt tandem roller is confirmed in favour of Shivanath Ray, Tiljala Road, Kolkata at Rs.1.50 lakh subject to the entire money being paid by way of a demand draft or pay order or banker’s cheque or like instrument, not being a personal cheque, in favour of the petitioner to be made over to the petitioner or the receiver within a period of a fortnight from date.
In default of such amount being paid, the entire earnest deposit of Rs.30,000/- will stand forfeited.
Upon the transaction being completed, the receiver will stand discharged after receiving his final remuneration of 1200 GM which the petitioner will be entitled to claim in the pending arbitral reference.
The receiver need not to file any accounts.
The petitioner will give due credit to the respondents for the sale proceeds and file a modified statement of claim in the arbitral reference.
The sale proceeds pertaining to the sale of the other assets will be made over by the receiver to the petitioner, but may not be appropriated by the petitioner without previous notice to the respondents.
A.P.No.238 of 2013 is disposed of without any order as to costs.
Certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities.
SBI (SANJIB BANERJEE, J.)