High CourtsSingle Bench(2020) 03 CAL CK 0055

SREI Equipment Finance Ltd vs Ramesh Biswal And Anr

Calcutta High Court · Decided on 12 March 2020

HON’BLE JUDGES
Ashis Kumar Chakraborty, J
CASE NUMBER
Arbitration Petition (AP) No. 194 Of 2019

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Judgment

18 paragraphs · 337 words

Ashis Kumar Chakraborty, J

The Court : It is submitted by Mr. Banerjee, learned Advocate appearing for the petitioner that since the respondent no.1 has removed the

hypothecated asset from Basudebpur to Kendarapara, in the state of Odisha, the Receiver is required to once again visit the state of Odisha to take

possession of the hypothecated asset in terms of the order dated December 5, 2019.

In spite of service of the application and being informed of all the orders passed by this Court the respondents remained unrepresented.

Considering the facts of the case, the Receiver is directed to once again visit the relevant place in the district of Kendarapara in the state of Odisha to

take possession of the hypothecated asset mentioned in paragraph 3 of the application and to remove the same to a safe place to be provided by the

petitioner.

The Receiver shall be paid a further remuneration of 2500 GMs by the petitioner. The petitioner shall also bear the travelling expenses of the Receiver

and shall provide him a befitting accommodation at the relevant places in the State of Orissa. Needless to mention that a competent officer of the

petitioner shall all along accompany the Receiver in the State of Orissa.

If necessary, the Receiver shall approach the Superintendent of Police of the concerned District for obtaining police assistance to implement this

order. If the petitioner deposits the requisite fees with the concerned authorities, the Superintendent of Police of the concerned District shall render

necessary police assistance to the Receiver to take actual physical possession of the hypothecated asset from the concerned respondent.

Let this application appear in the list on April 6, 2020.

The Receiver shall file his report on the next date of hearing.

Urgent certified website copy of this order, if applied for, be made available to the parties subject to compliance with the requisite formalities.

All parties, including the Receiver and the concerned police authorities shall act on the copy of the certified website copy of this order.