Srei Equipment Finence Pvt. Ltd. Vs. M/S. Jharkhand Construction and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1160403
CourtKolkata High Court
Decided OnAug-05-2014
JudgeSOUMEN SEN
AppellantSrei Equipment Finence Pvt. Ltd.
RespondentM/S. Jharkhand Construction and ors.
Excerpt:
order sheet ec no.189 of2012in the high court at calcutta ordinary original civil jurisdiction original side in the matter of : srei equipment finence pvt.ltd.versus m/s.jharkhand construction & ors.before: the hon'ble justice soumen sen date : 5th august, 2014. mr.swatarup banerjee, adocate for decre holder the court : in spite of substituted service none has appeared on behalf of the judgment debtors to oppose this application. this is an application for enforcement of the award. the affidavit of service filed in court shows that the judgment debtors have received the copy of the execution application. however, none has appeared on behalf of the judgment debtors.it is submitted that the award has remained unsatisfied. under the award the decree-holder is entitled to take possession of.....
Judgment:

ORDER

SHEET EC NO.189 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF : SREI EQUIPMENT FINENCE PVT.LTD.Versus M/S.JHARKHAND CONSTRUCTION & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 5th August, 2014.

MR.SWATARUP BANERJEE, ADOCATE FOR DECRE HOLDER The Court : In spite of substituted service none has appeared on behalf of the judgment debtors to oppose this application.

This is an application for enforcement of the award.

The affidavit of service filed in court shows that the judgment debtors have received the copy of the execution application.

However, none has appeared on behalf of the judgment debtORS.It is submitted that the award has remained unsatisfied.

Under the award the decree-holder is entitled to take possession of one Tata JD315Motor Vehicle.

In the event of failure to restore the possession of the said vehicle, the award directs compensation of Rs.7 lakhs to be paid in lieu of such possession.

The judgment debtors are also liable to pay a sum of Rs.11,31,469/- to the claimant award-holder in terms of the said award.

The award was made and published on 2nd September, 2010.

There will be an order of injunction restraining the judgment debtors and each of them from dealing with and/or disposing of Tata JD315Motor Vehicle in any manner whatsoever.

In view of the aforesaid, Mr.Sarosij Dasgupta, a member of the Bar Library Club is appointed as Receiver at an initial remuneration assessed at 600GMs.to be paid by the decree-holder.

The Receiver shall be entitled to appoint an agent.

The judgment debtors shall render all possible assistance to the Receiver or the agent to be appointed by the Receiver for the purpose of taking possession of the vehicle in question.

Receiver is to make inventory and take possession of the aforesaid vehicle.

The Receiver shall file a report on the returnable date.

The jurisdictional Superintendent of Police as well as the local police authorities shall render all possible assistance to the Receiver to comply with this order.

Matter is made returnable four weeks hence.

All parties concerned are to act on the basis of a server copy.

(SOUMEN SEN, J.) sb.