TATA CAPITAL FINANCIAL SERVICES LIMITED Vs. ROKIBUL SHAKE
LAWS(CAL)-2021-2-4
HIGH COURT OF CALCUTTA
Decided on February 19,2021

TATA CAPITAL FINANCIAL SERVICES LIMITED Appellant
VERSUS
Rokibul Shake Respondents

JUDGEMENT

DEBANGSU BASAK, J. - (1.) In this application under Section 9 of the Arbitration and Conciliation Act, 1996, the petitioner seeks appointment of Receiver and injunction.
(2.) Learned Advocate appearing for the petitioner submits that, the respondents were sought to be served. She files an affidavit of service. Let such affidavit of service be taken on record.
(3.) It appears from the averments made in the petition that, the parties entered into a loan agreement dated September 29, 2018. The respondents failed and neglected to pay in terms of such loan agreement. A sum in excess of Rs.15 lakhs became due and payable by the respondents as on November 25, 2020. The assets covered under the loan agreement are in the possession of the respondents. They are using such assets without paying the monthly instalments.;


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