Srei Equipment Finance Pvt Ltd. (Sefpl) Vs. Peddibabu Venkatrao Gubbala and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1163244
CourtKolkata High Court
Decided OnAug-26-2014
JudgeSOUMEN SEN
AppellantSrei Equipment Finance Pvt Ltd. (Sefpl)
RespondentPeddibabu Venkatrao Gubbala and anr.
Excerpt:
ga no.192 of 2012 ec no.517 of 2011 in the high court at calcutta ordinary original civil jurisdiction srei equipment finance pvt ltd.(sefpl) versus peddibabu venkatrao gubbala & anr. before: the hon'ble justice soumen sen date : 26th august, 2014. appearance: mr.utpal bose, sr.adv.mr.swatarup banerjee, adv.the court : in spite of orders.none appears on behalf of m/s.noble enterprises who claims that they are the owners of the cranes. the documents produced by mr.utpal bose, learned senior counsel appearing on behalf of the decree-holder, show that the said cranes are hypothecated to the decree-holder. the report filed by the receiver shows that the said cranes are lying in the go-down of m/s.g.s. shetty and sons at kolke, mumbai, pune highway. the owner of the go-down of m/s.g.a. shetty.....
Judgment:

GA No.192 of 2012 EC No.517 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE PVT LTD.(SEFPL) Versus PEDDIBABU VENKATRAO GUBBALA & ANR.

BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 26th August, 2014.

Appearance: Mr.Utpal Bose, Sr.Adv.Mr.Swatarup Banerjee, Adv.The Court : In spite of ordeRs.none appears on behalf of M/S.Noble Enterprises who claims that they are the owners of the cranes.

The documents produced by Mr.Utpal Bose, learned senior counsel appearing on behalf of the decree-holder, show that the said cranes are hypothecated to the decree-holder.

The report filed by the Receiver shows that the said cranes are lying in the go-down of M/s.G.S.

Shetty and Sons at Kolke, Mumbai, Pune Highway.

The owner of the go-down of M/s.G.A.

Shetty and Sons is directed to produce and hand over the cranes to the Receiver who shall after taking possession of the cranes keep them in his custody at a place to be provided by the decree-holder.

In case of any resistance, the Receiver shall approach the Officer-in-Charge of the concerned police station who shall render all possible assistance to the Receiver in implementing this order.

This order shall also be communicated to the advocate-on-record of M/S.Noble Enterprises.

Any interference either by Noble or by the owner of M/s.G.S.

Shetty and Sons shall be considered as contempt and appropriate proceedings shall be drawn up against them.

The Receiver shall be entitled to a further remuneration of 800 GM to be paid by the decree-holder.

The matter is made returnable four weeks hence.

In view of the aforesaid order and having regard to the fact that the documents produced by the petitioner show that the subject equipments are hypothecated in favour of the decree-holder inasmuch as the applicant is elusive and not interested to move the application, the application, GA No.192 of 2012, stands dismissed.

The affidavits filed in support of GA No.192 of 2012 be kept to the 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.