Tata Capital Financial Services ... vs Siaram Choudhury And Anr
2021 Latest Caselaw 664 Cal/2

OD-7
                               ORDER SHEET
                                EC/130/2019
                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE


                  TATA CAPITAL FINANCIAL SERVICES LTD.
                                   VS
                      SIARAM CHOUDHURY AND ANR.


 BEFORE:
 The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
 Date : 7TH September, 2021.



                                                                        Appearance:

                                                                   Mr. A. Guha, Adv.
                                                                  Mr. A. Chopra, Adv.



          The Court: The Affidavit of service is kept on record. According to

 learned Counsel appearing for the petitioner, the respondents were served with

a copy of the order dated 31st August, 2021 and further that the judgment

debtors were intimated on 1st September, 2021 of the matter which was to be

taken up by this Court.

It is submitted that despite an attempt also to serve the advocate-on-

record of the judgement debtors, such service was refused.

Upon considering the submissions made on behalf of the award

holder and the report of the learned Receiver dated 23rd August, 2021 which

specifically states that the Receiver personally saw the asset, namely, the

vehicle kept inside the parking yard, this Court is of the view that this is a fit

case which passing off interim orders.

There shall accordingly be an order in terms of prayer (b) of the

tabular statement. The learned Receiver is directed to sell the asset through

public auction and hand over the sale proceeds to the award holder. The

expenses of the requisite steps to be taken for holding such public auction

including all expenses shall be borne by the petitioner/award holder. The

Receiver shall also be entitled to a further remuneration of Rs.30,000/- for

travel and other expenses which are also to be borne by the award holder.

List this matter in the second week after the Court reconvenes in

November, 2021 as prayed for.

(MOUSHUMI BHATTACHARYA, J.)

S.De