Magma Fincorp Limited vs Pawan Kumar & Anr on 17 May, 2011

                           AP No. 586 of 2010
                   IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE


                                                 MAGMA FINCORP LIMITED
                                                                 Versus
                                                   PAWAN KUMAR & ANR.


BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date: 17th May, 2011

                                                         Mr. Mainak Bose, Adv.
                                                          ..for the petitioner


           On 4th October, 2010, I had passed an order, inter alia,

appointing a Receiver to take symbolic possession of an excavator lying

in Haryana. The Receiver had taken such symbolic possession, which

appears from a report filed by him. It may be noted that on 8th

December, 2010, the respondents had put in an appearance through

Counsel.

Thereafter, on 11th May, 2011, it was submitted to me that the

Receiver was having some difficulty in continuing. In those

circumstances, a new Receiver was appointed.

None appears for the respondents today. The learned Advocate

for the petitioner prays for an order of actual physical possession of the

excavator. I think that order is warranted now.
2

Therefore, I pass an order in terms of prayer (a).

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 excavator. The Receiver will be at liberty to appoint an agent but

must exercise full control over such agent.

I make this application returnable on 21st June, 2011 when the

Receiver will file his report. The Receiver be paid an initial remuneration

of 700 GMs by the petitioner.

All parties are to act on a signed photocopy of this order on the

usual undertakings.

(I. P. MUKERJI, J.)

AKGoswami