JUDGEMENT
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(1.) By order dated September 9, 2006 passed in A.P. No. 21 of 2006, an application under Section 9 of the Arbitration
and Conciliation Act , 1996, a learned single Judge of this Court
appointed the Receiver to sell certain quantum of iron ore which
was the subject matter of dispute between the parties to the said
application and was lying at Haldia Port. The said order further
directed the Receiver to invest the sale proceeds of the iron ore
in a short term fixed deposit of minimum six months with the
Standard Chartered Bank, Church Lane Branch until further order.
(2.) In terms of the said order dated September 19, 2006 the Receiver sold 8,000 MTS of iron ore and invested the sale proceeds
thereof amounting to Rs.36,20,239/- in a short term fixed deposit,
being account no.33630132897 maintained with Standard Chartered
Bank, Church Lane Branch(hereinafter referred to as the "said
bank"). The said term deposit has been extended from time to time
and the same still remains valid. The Receiver maintained another
account, being Savings Account No. 33610186061 with the said bank
for deposit of the interest earned on the said term deposit.
(3.) On or about July 11, 2017 the petitioner in the application under Section 9 of the Act of 1996 filed an application, G.A.
No.2261 of 2017 praying for an order directing the Receiver to
file a faithful account before this Court. While the said
application was heard up from time to time, the Receiver admitted
failure to file the regular accounts in the department as required
by the Original Side Rules of this Court. During pendency of
application on December 23, 2019 the Receiver passed away leaving
behind her husband Mr. Apurba Sikdar and the only son Mr. Arunabha
Sikdar. The said heirs and legal representatives of the Receiver
have been duly served with copies of this application and orders
passed by this Court from time to time. They are represented by
Mr. Amitava Paul and Ms. Iti Dutta.;
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