MAGMA FINCORP LIMITED Vs. LAKHAN SAW AND ANOTHER
LAWS(CAL)-2012-1-525
HIGH COURT OF CALCUTTA
Decided on January 25,2012

MAGMA FINCORP LIMITED Appellant
VERSUS
Lakhan Saw And Another Respondents

JUDGEMENT

SANJIB BANERJEE,J. - (1.) In view of the Receiver's report filed today, it is imperative that the Receiver now be required to take possession of the asset that forms the subject-matter of the agreement between the parties. The respondents are not represented despite previous service.
(2.) The Receiver apparently met the first respondent who assured the Receiver that the Receiver would be taken to Dhanbad for an inventory of the excavator to be made. On the pretext of going out to have a cup of tea, the respondent absconded and later communicated to the Receiver over his mobile phone that he was not in a position to take the Receiver to Dhanbad for the purpose of making an inventory of the excavator.
(3.) The subsisting order of injunction will continue. The Receiver is permitted to appoint an agent to ascertain the whereabouts of the excavator. Upon the whereabouts of the excavator being ascertained, the Receiver will forthwith proceed to take possession thereof and the Receiver is permitted to obtain police assistance, if necessary, for implementing this order.;


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