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Srei Equipment Finance Pvt Ltd Vs. Icore Super Cement Pvt Ltd - Court Judgment

SooperKanoon Citation
CourtKolkata High Court
Decided On
Judge
AppellantSrei Equipment Finance Pvt Ltd
Respondenticore Super Cement Pvt Ltd
Excerpt:
.....three agreements covered by these matters only on account of defaulted instalments. of the seven assets covered by these three matters.six assets are lying at bodhjung nagar police station in agartala (west).the petitioner submits that the firs.respondent company apparently carried on chit fund business in tripura and a large number of small depositors appear to have been cheated by the firs.respondent company. the petitioner 2 apprehends that the depositors might seek to resist the receivers from removing the assets covered by the agreements. the officer-in-charge of bodhjung nagar police station and the superintendent of police or official of like rank exercising jurisdiction over the area should render assistance to the receivers for the purpose of transportation of the assets taken.....
Judgment:

AP No.1182 of 2013 AP No.1317 of 2013 AP No.1353 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT LTD Versus ICORE SUPER CEMENT PVT LTD BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 31, 2014.

Appearance: Mr.S.Banerjee, Adv.The Court : The respondent is not represented despite previous service and despite being made aware of the orders passed in the present proceedings.

The petitioner claims that a sum in excess of Rs.55 lakh is due under the three agreements covered by these matters only on account of defaulted instalments.

Of the seven assets covered by these three matteRs.six assets are lying at Bodhjung Nagar Police Station in Agartala (West).The petitioner submits that the fiRs.respondent company apparently carried on chit fund business in Tripura and a large number of small depositors appear to have been cheated by the fiRs.respondent company.

The petitioner 2 apprehends that the depositors might seek to resist the receivers from removing the assets covered by the agreements.

The Officer-in-Charge of Bodhjung Nagar Police Station and the Superintendent of Police or official of like rank exercising jurisdiction over the area should render assistance to the receivers for the purpose of transportation of the assets taken possession of to such place where the assets may be stored.

The police officials should act on the basis of an authenticated copy of this order and on any of the receivers’ written request for assistance.

The receivers will invite offers for sale of the assets taken possession of and report to Court when the matters appear next six weeks hence.

The receiver in AP No.1182 of 2013 will be paid a further remuneration of 2000 GM and the receivers in the two other matters will be paid a further remuneration of 1200 GM each to be borne by the petitioner, which the petitioner will be entitled to claim, along with the other expenses incurred on account of the receiveRs.in the appropriate references.

Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(SANJIB BANERJEE, J.) sg.


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