Mic Electronics Ltd and anr. Vs. Srei Equipment Finance Ltd.

Mic Electronics Ltd and anr. vs Srei Equipment Finance Ltd.

Type Court Judgment Court Kolkata Decided Sep 26, 2014

~2 min read

https://sooperkanoon.com/case/1165114

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1165114
Court: Kolkata High Court
Judge: Bench
Decided On: Sep 26, 2014
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Mic Electronics Ltd and anr.

Respondent

Srei Equipment Finance Ltd.

Excerpt

.....of prayers (a) and (b).this court on earlier occasion by an order dated 21st august, 2014 directed mr.soumya roy, advocate to act as sole receiver in ec180of 2014 and also mr.avik sengupta in ec179of 2014 to make inventory of all the assets upon notice to both the parties. this order came to be made only on the basis of an affidavit filed by the respondent indicating the assets available and the place of assets so that an inventory could be made by the respective receivers in both the execution cases. however, now it reveals after the list furnished by the respondent some of the important assets were not available as noticed by the receivers and, therefore, the applicants apprehend that other items may also be removed from the site in order to frustrate the decree which is already in favour of the applicants. in that view of the matter we direct mr.soumya roy, advocate the sole receiver in ec180of 2014 and mr.avik sengupta, sole receiver in ec179of 2014 to take possession of the assets available now at the site as indicated in their report and submit the report by next date of hearing. however, receiver shall not deal with the property in any manner until further orders except taking possession of the goods. the receivers are at liberty to take assistance of the police, if necessary, while executing the order. the applications being ga3132of 2014 and ga3133of 2014 are disposed of. list the appeals one week after the puja vacation. (manjula chellur, c.j.) (banerjee, j.) gh.

Full Judgment

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA 3132 OF2014WITH APO300of 2014 EC179of 2014 MIC ELECTRONICS LTD & ANR.

Versus SREI EQUIPMENT FINANCE LTD.GA3133of 2014 WITH APO301of 2014 EC180of 2014 MIC ELECTRONICS LTD & ANR.

Versus SREI EQUIPMENT FINANCE LTD.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 26th September, 2014.

Mr.S.N.Mookherjee, Sr.Advocate Mr.Utpal Bose, Sr.Advocate Ms.Anna Malhotra, Advocate Mr.Kaushik Chatterjee, Advocate Ms.Ruby Jaiswal, Advocate …for appellants Mr.Jishnu Chowdhury, Advocate Mr.Chayan Gupta, Advocate Mr.S.Sen, Advocate Ms.Narita Datta Chowdhury,Advocate …for respondents The Court :- There will be orders in terms of prayers (a) and (b).This Court on earlier occasion by an order dated 21st August, 2014 directed Mr.Soumya Roy, Advocate to act as Sole Receiver in EC180of 2014 and also Mr.Avik Sengupta in EC179of 2014 to make inventory of all the assets upon notice to both the parties.

This order came to be made only on the basis of an affidavit filed by the respondent indicating the assets available and the place of assets so that an inventory could be made by the respective Receivers in both the execution cases.

However, now it reveals after the list furnished by the respondent some of the important assets were not available as noticed by the Receivers and, therefore, the applicants apprehend that other items may also be removed from the site in order to frustrate the decree which is already in favour of the applicants.

In that view of the matter we direct Mr.Soumya Roy, Advocate the Sole Receiver in EC180of 2014 and Mr.Avik Sengupta, Sole Receiver in EC179of 2014 to take possession of the assets available now at the site as indicated in their report and submit the report by next date of hearing.

However, receiver shall not deal with the property in any manner until further orders except taking possession of the goods.

The Receivers are at liberty to take assistance of the police, if necessary, while executing the order.

The applications being GA3132of 2014 and GA3133of 2014 are disposed of.

List the appeals one week after the puja vacation.

(MANJULA CHELLUR, C.J.) (BANERJEE, J.) GH.

Same Court & Year Kolkata · 2014 Same Parties Mic Electronics Ltd and anr. vs Srei Equipment Finance Ltd. Same Subject Service Tax Same Judge Bench