M/S Cholamandalam Investment And ... vs Biswakarma Electric And Ors
2022 Latest Caselaw 1938 Cal/2

ODC 22


                             ORDER SHEET
                              EC/159/2022
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         COMMERCIAL DIVISION


   M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                             VS
                BISWAKARMA ELECTRIC AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 13th July, 2022.

                                                                       Appearance:
                                                             Mr. Ranjit Singh, Adv.
                                                                Ms. Pooja Sett, Adv.
                                                     Ms. Sayoni Chowdhury, Adv.
                                                  ...for the petitioner/award-holder


      The Court: This is an application for enforcement of an Award dated

22.11.2021.   The documents annexed to the application show that the Award

was served upon the Respondents/Judgment Debtors. The debt has not been

discharged. It is submitted that the Award is not under challenge and the

statutory period to challenge the Award has expired in the meantime.

Under such circumstances, there shall be an order in terms of prayers (c)

and (d) of column 10 of the tabular statement.

Ms. Shrayashee Das, Advocate (Mob. No.8420004462) is appointed as

Receiver to take possession of the vehicle described in paragraph 4 of the

affidavit in support of the tabular statement after making an inventory thereof.

The Receiver shall keep the said asset at a place to be provided by the

Petitioner/Award Holder.

The Receiver shall be entitled to an initial remuneration of Rs.51,000/-

and all expenses on account of the Receiver's travel, accommodation and the like

shall be borne by the Petitioner/Award Holder at the first instance.

The matter is made returnable three weeks hence.

The Petitioner/Award-Holder is directed to serve a copy of this application

along with a copy of this order upon the Respondents/Judgment-Debtors

through Registered post with acknowledgment due card and shall file an affidavit

of service on the returnable date.

(SHEKHAR B. SARAF, J.) B.Pal