MAGMA FINCORP LTD. Vs. MUKESH BERLIA AND ANOTHER
LAWS(CAL)-2012-1-566
HIGH COURT OF CALCUTTA
Decided on January 27,2012

MAGMA FINCORP LTD. Appellant
VERSUS
Mukesh Berlia And Another Respondents

JUDGEMENT

SANJIB BANERJEE,J. - (1.) The respondents are not represented despite service.
(2.) The Receiver has filed a report from which it appears that no inventory could be made since the asset is located in a disturbed area. The petitioner reports that an award has been passed in its favour on December 23, 2011.
(3.) AP No.821 of 2011 is disposed of by confirming the subsisting order of injunction which will, however, not prevent the respondents from using the asset that formed the subject-matter of the agreement between the parties in the usual course of business. The Receiver is permitted to appoint an agent for the purpose of ascertaining the whereabouts of the asset. If the whereabouts of the asset can be discovered within a period of ten weeks from date, the Receiver will proceed to make an inventory of the same and will stand discharged upon making over copies of the inventory report to the petitioner and the respondents. In the event the whereabouts of the asset cannot be discovered within a period of ten weeks from date, the Receiver will stand discharged without being required to do anything further. In either case, the Receiver will not be required to file any accounts. In the event the Receiver is required to undertake any further travel pursuant to the directions contained herein, the Receiver will be paid a further remuneration of 600 GM and all expenses for the Receiver's travel, accommodation and the like will be borne by the petitioner. The petitioner will be entitled to claim all amounts expended on account of the Receiver in the possible execution proceedings.;


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