SREI EQUIPMENT FINANCE LIMITED Vs. GANNON DUNKERY AND CO. LTD.
LAWS(CAL)-2020-2-82
HIGH COURT OF CALCUTTA
Decided on February 17,2020

Srei Equipment Finance Limited Appellant
VERSUS
Gannon Dunkery And Co. Ltd. Respondents

JUDGEMENT

- (1.) In this application under Section 9 of the Arbitration & Conciliation Act , 1996 by orders dated August 20, 2019 and December 3, 2019 four Receivers were appointed to take possession of the hypothecated assets mentioned in Annexure-'E' to the petition. There were altogether thirty-five assets which were hypothecated by the respondent in favour of the petitioner and the Receivers were appointed to take possession of all the said assets.
(2.) From the respective report filed by the Receivers it appears that out of thirty five assets they have been able to take possession of twelve assets, including two Writgen Pavers pertaining to contracts/tranches nos.142130 and 152340. The said Writgen Pavers are lying in the custody of one of the Receivers, namely, Shri Anjan Deb Sarkar.
(3.) Today, the petitioner has filed a supplementary affidavit disclosing an electronic mail issued by the respondent on February 11, 2020. By the said electronic mail the respondent has offered to allow sale of the two Writgen Pavers, being the subject matter of the hypothecated assets in the contract nos. 142130 and 152340 under the Master Facility Agreement dated June 26, 2017.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.