M/S. Europcell Gmbh vs Statesman Ltd
2021 Latest Caselaw 221 Cal/2

OD 94

                                       ORDER SHEET

                                    EC 271 of 2020
                           IN THE HIGH COURT AT CALCUTTA
                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                    ORIGINAL SIDE

                                            M/S. EUROPCELL GMBH
                                                    VS
                                            STATESMAN LTD.

  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 26th February, 2021.

(Via Video Conference)

Mr. Sabyasachi Chowdhury, Mr. R.K. Khanna, Mr. S.E. Huda, Advs.

...for the decree-holder Mr. Jayanta Kumar Mitra,Sr. Adv.

Ms. Amrita Pandey, Adv.

Ms. Anamika Pandey, Adv.

...for the judgment-debtor

The Court: Order dated February 23, 2021 was mentioned for corrections.

The typographical errors in the order dated February 23, 2021 be corrected as

follows :

In the fourth line, the words "shall serve" be replaced with the words "has been

served" and the name of the learned Receiver be read as "Mr. Protim Chakraborty".

Let these corrections be incorporated in the order dated February 23, 2021.

Learned senior advocate appearing for the judgment-debtor submits on

instructions that, the judgment-debtor is in a position to furnish security of another

property which is unencumbered. He requests the Court to direct the learned Receiver

not to take symbolic possession in terms of the order dated February 23, 2021. He

submits that, the judgment-debtor acknowledges a liability of about Rs. 78 lakhs and

that, the judgment-debtor is ready and willing to liquidate such liability in instalments.

In the facts of the present case, at this stage, it would be appropriate to permit

the judgment-debtor to pay a sum of Rs. 10 lakh by March 15, 2021. Learned Receiver

need not act in terms of the order dated February 23, 2021 till March 15, 2021.

(DEBANGSU BASAK, J.)

TR/