B.C.L. FINANCIAL SERVICES LIMITED Vs. NIZAMUR RAHAMAN KHAN AND ORS.
LAWS(CAL)-1996-1-36
HIGH COURT OF CALCUTTA
Decided on January 12,1996

B.C.L. Financial Services Limited Appellant
VERSUS
Nizamur Rahaman Khan And Ors. Respondents

JUDGEMENT

Baboo Lall Jain, J. - (1.)These are two petitions made by Nizamur Rahaman Khan. The first petition was affirmed on 10th March, 1994 and was moved on 11th March, 1994.
(2.)Before that an order was made by this Court on 4th March, 1994. On the said date i.e., 4th March, 1994 it was submitted on behalf of Nizamur Rahaman Khan that he as hirer had paid and/or caused to be paid the total sum of Rs. 1,15,650.00 and the last of such payment was made on 25th Feb., 1994 amounting to Rs. 15,000.00. It was also submitted that the said hirer had brought a bank draft for a sum of Rs. 10,000.00. The said order dated 4th March, 1994 is set out hereunder:-
"It has, inter alia, been submitted that the hirer Nizamur Rahaman Khan has paid and/or caused to be paid a total sum of Rs. 1.15,650.00 and the last of such payment was made on 25 2.94 amounting to Rs. 15,000.00. It has also been submitted that the said hirer has brought a bank draft for a sum of Rs. 10,000.00. It has also been submitted that the Terms of Settlement was never explained to the said Nizamur Rahaman Khan. It has also been submitted that the said Nizamur Rahaman Khan came to know about the Terms of Settlement for the first time in Feb. 1994. Be that as it may, the Receiver is directed not to sell, transfer or dispose of the motor vehicle, bearing No. BR-06M/4066 until 11.3.94. This order made today will automatically come to an end on the expiry of 11.3.94, unless the hirer obtains order on formal application in writing to be moved on notice to the other side. The said Nizamur Rahaman Khan will be at liberty to make an appropriate application by 9.3.94 and renew his prayer for extension of the order or for further or other orders. The learned Advocate on behalf of the Financier B.C.L. Financial Services Ltd. who is appearing in Court is unable to explain how and in what circumstances the Terms of Settlement was filed without referring to his record. However, he admits that the xerox copy which has been produced before this Court does not bear any signature on behalf of B.C.L. Financial Services Ltd. nor does it bear any signature by or on behalf of the Financier but the same bears the signature of the Advocate of B.C.L Financial Services Ltd. The learned Advocate on behalf of Nizamur Rahaman Khan makes over to the Advocate-on-Record on behalf of B.C.L. Financial Services Ltd., a bank draft drawn on the Central Bank of India, Calcutta, N. B. O. bearing No. 08/00127 dated 21.2.94 for a sum of Rs. 10,000.00. Let the said hank draft be kept by the Advocate-on-Record of B.C.L. Financial Services Ltd. without prejudice to the mutual rights and contentions of the parties and subject to further orders of this Court. Let all the papers which have been produced before this Court on behalf of the hirer be kept on record and produced before this Court when the formal application will be heard. All parties and the Receiver to act on a signed copy of the minutes of this dictated order on the usual undertaking".
Thereafter the time to make the application by the hirer was extended till 11th March, 1994 and the first application was made on 11th March, 1994. The prayers in the said petition are, inter alia, to the effect are as follows:-
"(a) The default on the part of the petitioner in making payment the entire sum of Rs. 1,50,000.00 by 16th July, 1993 be condoned and the petitioner be allowed to pay the balance sum of Rs 34,350.00 within such time as to this Honourable Court may deem fit and proper.

"(b) M/s. B.C.L. Financial Services Limited as also the learned Receiver appointed by this Honourable Court over the said vehicle be directed to hand over the said vehicle bearing Registration No. BR-06M/4066 forthwith to the petitioner.

"(c) An order of injunction be passed restraining the learned Receiver appointed by this Honourable Court over the said vehicle bearing Registration No. BR-06M/4066, as also M/s. B.C.L. Financial Services Limited from selling or encumbering or alienating and/or from taking any step for the purpose of disposing off and/or selling and/or encumbering the said vehicle bearing Registration No. BR-06M/4066."

(3.)Needless to say that the Order dated 4th March, 1994 was made on notice and in the presence of the Advocate for the financier who was B.C.L. Financial Services Ltd.
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