Calcutta High CourtSrei Equipment Finance Limited vs Seirra Infraventure Private ... on 11 December, 20201\n\n\nODC-14\n                            ORDER SHEET\n                           AP No. 187 of 2020\n                   IN THE HIGH COURT AT CALCUTTA\n                 ORDINARY ORIGINAL CIVIL JURISDICTION\n\n\n                   SREI EQUIPMENT FINANCE LIMITED\n                                Versus\n                 SEIRRA INFRAVENTURE PRIVATE LIMITED\n\n BEFORE:\n The Hon'ble JUSTICE DEBANGSU BASAK\n\n  Date : 11th December, 2020.\n [COMMERCIAL DIVISION]\n (VIA VIDEO CONFERENCE)\n\n                                                                     Appearance:\n                                                    Mr. Swatarup Banerjee, Adv.\n                                                   Mr. Saubhik Chowdhury, Adv.\n                                                      Mr. Dripto Majumdar, Adv.\n                                                               For the petitioner.\n\n                                                              Mr. Tridib Bose, Adv.\n                                                               For the respondent.The Court :-Petitioner seeks an order of appointment of\n\n Receiver over and in respect of the assets given on lease.Learned Advocate appearing for the petitioner submits that a\n\n sum in excess of Rs. 4,58,16,670/- is due and payable by the respondent as\n\n lease rentals as on February 13, 2020. The respondent is not paying any lease\n\n rentals. The respondent is utilizing such assets. He seeks an order of\n\n injunction and appointment of a Receiver over the assets\n\n                 Learned Advocate appearing for the respondent submits that,\n\n the petitioner did not issue `no due' certificate and release the charge of assets2in respect of another loan agreement thereby affecting the financial capability\n\n   of the respondent to repay the petitioner in respect of the subject agreement.It appears from the records that, the issue of jurisdiction as\n\n   raised by the respondent was decided by an order of October 7, 2020. It also\n\n   appears that, lease rentals are due and payable by the respondent and the\n\n   respondent is not paying any lease rentals to the petitioner. The ground taken\n\n   by the respondent that, the petitioner did not act in terms of another financial\n\n   arrangement, is of no consequence so far as the present lease agreement\n\n   concerned.In such circumstances, as the assets are lying in possession of\n\n   the respondent and in order to protect and preserve the same to the extent\n\n   possible, it would be appropriate appointment Mr. Soumya Shankar Chini\n\n   Advocate, Phone Number 7003394646 as Receiver over and in respect of the\n\n   assets concerned. The petitioner will assist the Receiver in implementing this\n\n   order. The petitioner will maintain all Covid-19 protocols while assisting the\n\n   learned Receiver in implementing this order. The initial remuneration of the\n\n   Receiver is fixed at 2,000 G.Ms to be paid by the petitioner at the first\n\n   instance.There will be an order in terms of prayer [b] of the petition.\n\n                   List the application on January 6, 2021 under the same\n\n   heading.(DEBANGSU BASAK, J.)\n\n\n\nsnn.