Citation : 2023 Latest Caselaw 1945 Cal/2
Judgement Date : 8 August, 2023
OD-10
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
EC/607/2018
AXIS BANK LIMITED
VS
RIZWAN KHAN & ANR
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 8th August, 2023.
Appearance:
Mr. Kaushik Chatterjee, Adv.
...for petitioner.
Mr. Tanoy Chakraborty, Adv.
...for Receiver.
The Court : This is an application for execution of an award dated 18
May, 2014. By the award, the judgment debtors have been directed to pay a
sum in excess of approximately Rs.1.7 crores.
By an order dated 11 July, 2017, an Advocate of this Court had been
appointed a Receiver to take possession of the assets covered by the
agreements. The assets under the agreement are five heavy vehicle trucks.
It transpires during the hearing of this application that the Receiver is
still in a possession of the said trucks and has not taken any effective steps
for sale.
In view of the long passage of time Biswaroop Mukherjee, a member of
the Bar Library Club, is appointed in place and stead of Mr. Tanay
Chakraborty to act as a Receiver in respect of the subject vehicles. The
erstwhile Receiver is directed to file a Report as to the status of the subject
vehicles and the steps, which have been taken by the erstwhile Receiver since
the passing of the order dated 11 July, 2014.
The Receiver shall be paid a remuneration of 2000 gms at the first
instance by the award holder.
Let this matter appear on 28 August, 2023.
(RAVI KRISHAN KAPUR, J.) SK.
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