Tata Motors Finance Limited Vs. Sabita Devi Sharma and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1164426
CourtKolkata High Court
Decided OnSep-17-2014
JudgeBISWANATH SOMADDER
AppellantTata Motors Finance Limited
RespondentSabita Devi Sharma and anr.
Excerpt:
order sheet in the high court at calcutta ordinary original civil jurisdiction original side ap no.1001 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1002 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1005 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1006 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1007 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1008 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1009 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1010 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1011 of 2014 tata motors finance limited versus sabita devi sharma & anr. and ap no.1012 of 2014 tata motors finance limited versus sabita devi sharma & anr. before: the hon'ble justice biswanath somadder date: 17th september, 2014. appearance: mr.paritosh sinha, adv.… for the petitioner the court: let the report of the receiver filed in court today be taken in record. after considering the submissions made by the learned advocate for the petitioner and upon perusing the instant application as well as the receiver’s report, it is quite evident that the respondents have not come forward to contest the application in spite of an order of injunction passed on 9th july, 2014. in such circumstances, this application is disposed by an order in terms of prayers (a).(d) and (e) of the petition. the receiver shall act accordingly. the receiver will be entitled to a further remuneration of 3000 gms.and all expenses on account of the receiver’s travel, accommodation and the like will be borne by the petitioner and added to its claim in the pending arbitral proceeding. urgent certified photostat copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (biswanath somadder, j.) sg2
Judgment:

ORDER

SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP No.1001 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1002 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1005 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1006 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1007 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1008 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1009 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1010 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1011 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

And AP No.1012 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR.

BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date: 17th September, 2014.

Appearance: Mr.Paritosh Sinha, Adv.… for the petitioner The Court: Let the report of the Receiver filed in Court today be taken in record.

After considering the submissions made by the learned advocate for the petitioner and upon perusing the instant application as well as the Receiver’s report, it is quite evident that the respondents have not come forward to contest the application in spite of an order of injunction passed on 9th July, 2014.

In such circumstances, this application is disposed by an order in terms of prayers (a).(d) and (e) of the petition.

The Receiver shall act accordingly.

The Receiver will be entitled to a further remuneration of 3000 GMs.and all expenses on account of the Receiver’s travel, accommodation and the like will be borne by the petitioner and added to its claim in the pending arbitral proceeding.

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

(BISWANATH SOMADDER, J.) sg2