AP No.533 of 2011
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
ORIGINAL SIDE
IN THE MATTER OF :
Hinduja Laylan Finance Ltd.
Versus
Rohit Nirman Pvt. Ltd. & Anr.
BEFORE :
THE HON'BLE JUSTICE I.P. MUKERJI
DATE : 20th May, 2011
THE COURT :- Leave is granted under Clause 12 of the
Letters Patent subject to the question of its requirement.
This is a Section 9 application founded on a loan-cum-
hypothecation agreement between the parties, containing the
arbitration clause.
Outstanding dues of the respondents as of date are
over Rs.22,00,000/-. The subject matter is a vehicle.
Arbitration has commenced but an award has not been
passed.
Affidavit of service is on record.
In the circumstances, I pass an order in terms of
prayer (a) of the petition. Prayer (a) is confined to
symbolic possession only. I appoint Mr. Raja Ram Banerjee,
Bar Association, Room No.13, Advocate as Receiver at an
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initial remuneration of 700 GMs. to be paid by the
petitioner. I also pass an order in terms of prayer (b)
till disposal of this application. Receiver to file a
report by the returnable date. The Receiver will be at
liberty to appoint an agent but must exercise full control
over such agent.
The local police authority is directed to render
necessary assistance to the Receiver, if so requisitioned
by him. The assistance to be rendered by the police will
include the necessary help in tracing out the vehicle.
The prayer for granting direction for affidavit in
opposition will be considered on the returnable date after
symbolic possession is taken by the Receiver.
I make this application returnable on 13th June, 2011.
All parties are to act on a signed photocopy of this
order on the usual undertakings.
(I.P. MUKERJI,J.)
SP/
