AP No.441 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus GRANT LOGISTICS LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 31st March, 2014.
Appearance: Mr.S.Banerjee, Adv.The Court : The respondent is not represented despite service.
The petitioner claims that a sum in excess of Rs.1.70 crore is due upon the termination of the agreement, including an amount in excess of Rs.4.72 lakh on account of defaulted instalments.
According to the petitioner, of the six assets covered by the agreement between the parties, the petitioner has obtained possession of one of the assets in terms of the agreement and the respondent has not protested the same.
The petitioner claims that a sum in excess of Rs.9 lakh is due only on account of defaulted instalments as on date, since the relevant figure appearing in the petition was the amount due as at the date of termination of the agreement.
No immediate order is called for since the petitioner is in possession of one of the assets, the value whereof would exceed the value of the amount in default on account of previous instalments.
The petitioner will forward a copy of this order to the respondent for the respondent to show cause why the other assets should not be taken possession of if the respondent does not immediately regularise the payment due under the agreement.
Let the matter appear a fortnight hence.
It is recorded that the respondent has tendered a sum of Rs.9.50 lakh after the institution of the petition and the petitioner’s present claim of about Rs.9.38 lakh has been arrived at after adjusting the payment received recently.
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.) bp.