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Srei Equipment Finance Ltd. Vs. a .B. Associates and ors. - Court Judgment

SooperKanoon Citation
CourtKolkata High Court
Decided On
Judge
AppellantSrei Equipment Finance Ltd.
RespondentA .B. Associates and ors.
Excerpt:
.....justice soumen sen date : 31st october, 2014. mr.satarup banerjee, adv.appears the court : the offers received by the receiver have been duly communicated to some of the judgment-debtors.the principal judgment- debtor appears to be the judgment-debtor no.1. he has received the notice and the offers received by the receiver. the offers are placed before this court. since no other offers save and except the offers stated in the report have been received and there is no other intending purchaser offering a higher price than what is stated in the report, the sale is confirmed as follows: sl. no.engine number name of the purchaser offer value (rs.) 1. b5.91803101l6295 4664 b5.91803101l6295 3878 sanjay kumar padhy of nayapalli, bhubaneswar; emd of rs.1 lakh 14 lakh 3. b5.91803101l6295 4725.....
Judgment:

EC No.526 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE LTD.Versus A .B.ASSOCIATES & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 31st October, 2014.

Mr.Satarup Banerjee, Adv.appears The Court : The offers received by the Receiver have been duly communicated to some of the judgment-debtORS.The principal judgment- debtor appears to be the judgment-debtor no.1.

He has received the notice and the offers received by the Receiver.

The offers are placed before this Court.

Since no other offers save and except the offers stated in the report have been received and there is no other intending purchaser offering a higher price than what is stated in the report, the sale is confirmed as follows: Sl.

No.Engine Number Name of the Purchaser Offer Value (Rs.) 1.

B5.91803101L6295 4664 B5.91803101L6295 3878 Sanjay Kumar Padhy of Nayapalli, Bhubaneswar; EMD of Rs.1 Lakh 14 Lakh 3.

B5.91803101L6295 4725 Narinder Singh of Jagnath Vihar, Barmunda; Rs.1 Lakh EMD Received 9.51 Lakh 4.

01L62924488 Rasmi Ranjan Deo of Jaipur; EMD Rs.98000 14 Lakh 5.

01L62955143 2.”

6. B5.91803101L6295 4671 7.

B5.91803101L6295 5214 Sanjay Kumar Padhy of Nayapalli, Bhubaneswar; EMD of Rs.1 Lakh 14 Lakh The purchasers shall pay the balance consideration amount within ten days from date.

On receipt of the entire consideration amount, the Receiver shall hand over actual physical possession of the equipments and the vehicles in question.

The Receiver shall execute necessary documents for transfer in favour of the purchaseRs.The Receiver shall be entitled to a remuneration of Rs.35,000/- and shall remain discharged upon delivery of the vehicles and/or equipments in question and on receiving his remuneration, the Receiver may engage an agent for handing over possession of the vehicles to the purchaseRs.The decree-holder shall apply the sale proceeds towards protanto satisfaction of his claim in terms of the decree.

The execution application is made returnable four weeks hence.

This order shall be communicated to the judgment-debtors by speed post with AD within a week from date and the petitioner shall file the affidavit-of-service on the returnable date.

The affidavit-of-service filed by the petitioner be kept on record.

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

(SOUMEN SEN, J.) kc.


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