- (1.) The Court: The report filed by the concerned police officer regarding the execution of warrant is produced before me. Although the warrant was not executed but curiously judgement -debtor no.1 appears in Court and such appearance is treated as surrender. On the basis of the undertaking given by the judgement -debtor no.1 that he shall be present as and when directed, the warrant of arrest against the judgement -debtor no.1 is kept in abeyance till the returnable date. The judgement -debtor no.1 during his examination has stated that a sum of Rs.6 lakhs should be due and payable by the judgement -debtor no.1 to the decree holder and he proposes to pay the aforesaid sum by six equal monthly instalments.
(2.) The learned counsel appearing on behalf of the decree holder however, is not agreeable to accept the said offer. In fact, it appears from record that the judgement -debtor no.1 had represented. The receiver appointed in an earlier proceeding to pay off the dues by September, 2014. The judgement -debtor no.1 paid only a sum of Rs.14,11,149/ - after the termination of the agreement.
(3.) Under such circumstances, I appoint Mr.Ovik Sengupta, Advocate, C/o, R.Singh & Associates, 2nd Floor, Hastings Chamber, 7C, K.S.Roy Road, Kolkata ­ 700001, as receiver over and in respect of the two assets forming the subject matter of this proceeding at an initial remuneration of 1000GMs to paid by the decree holder.;