Srei Equipment Finance Pvt. Ltd. Vs. Joshep Ranjan Fernandes and anr. - Court Judgment

Excerpt:
the court: affidavit of service filed in court be taken on record. it is submitted that the respondents have been served, which submission is accepted. none appears for the respondents. i have also examined the receivers report. in spite of his best efforts the equipment could not be located. in this case there is only an order for inventory. orders have also been passed authorizing the receiver to take police help and to appoint an agent to make inventory. it is submitted that the award has been passed but the time to enforce the award has not yet arrived. therefore, i dispose of this application by directing the receiver himself or through the agent to take actual physical possession of the equipment and to keep it in his custody. the receiver will continue to be in possession till further orders are passed by any competent authority in this matter. the receiver will keep the vehicle in a place provided by the petitioner and at the expense of the petitioner. the receiver be paid a further remuneration equal to the initial remuneration. all parties concerned are to act on a signed photocopy of this order on the usual undertakings.

Judgment:
The Court: Affidavit of service filed in Court be taken on record. It is submitted that the respondents have been served, which submission is accepted. None appears for the respondents. I have also examined the Receivers report. In spite of his best efforts the equipment could not be located. In this case there is only an order for inventory.

Orders have also been passed authorizing the Receiver to take police help and to appoint an agent to make inventory. It is submitted that the award has been passed but the time to enforce the award has not yet arrived.

Therefore, I dispose of this application by directing the Receiver himself or through the agent to take actual physical possession of the equipment and to keep it in his custody.

The Receiver will continue to be in possession till further orders are passed by any competent authority in this matter. The Receiver will keep the vehicle in a place provided by the petitioner and at the expense of the petitioner. The Receiver be paid a further remuneration equal to the initial remuneration.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.