I.P.MUKERJI,J. - (1.) Considering the circumstances and the submissions made by the parties, viz. that the defendant was unable to pay the dues of the port entirely and for this reason the goods could not be released for sale, I pass the following order:- a) The goods will be inventorised by the parties under the supervision of the Receiver. They will be sold in accordance with this order on "as is where is basis" after such inventory. b) The Receiver should, as expeditiously as possible, preferably within a period of one month from date, sell the goods in question by public auction or private treaty, in the manner he deems fit and proper, upon consultation with the parties. The defendant will be entitled to bring any buyer to purchase the goods. By goods I mean that proportion of the goods including gunny bags belonging to the defendant which will be required to satisfy the claim of the plaintiff, the Kolkata Port Trust, and any other incidental claims and charges. c) After completion of sale, the balance goods will be handed over to the defendant. d) Out of the sale proceeds, the sum of Rs. 3,14,346/- which is said to have accrued upto 24th February, 2012, on account of demurrage and wharfage, together with interest as claimed by the Kolkata Port Trust @ 14.25% per annum, will be first paid out to them by the Receiver. It is submitted on behalf of the defendant that the above sum includes interest. This aspect may be looked into by the Receiver and paid accordingly. The decision of the Receiver will be final. Thereafter, the Port will release the goods. e) Thereafter, the admitted dues of the plaintiff of Rs. 18,17,491/- will be paid out to them by the Receiver. f) The Receiver will be entitled to appropriate a remuneration of 1,500 GMs ad hoc as his remuneration from the sale proceeds, after the above payments are made.
(2.) The Receiver is to file a report. List this application on 9th April, 2012, in the same position.
(3.) Receiver and all parties concerned are to act on a signed photocopy of this order upon the usual undertakings.;