SREI EQUIPMENT FINANCE LTD Vs. VISTA MINING PVT. LTD
LAWS(CAL)-2019-6-48
HIGH COURT OF CALCUTTA
Decided on June 10,2019

Srei Equipment Finance Ltd Appellant
VERSUS
Vista Mining Pvt. Ltd Respondents

JUDGEMENT

- (1.) Sk.Sariful Haque, learned advocate appears on behalf of Receiver and files report.
(2.) Mr.Banrjee, learned advocate appears on behalf of petitioner and draws attention to paragraph 8 in the report which says, inter alia,; "8. According to the schedule, I left Kolkata on 3rd June, 2019 and reached at Jaipur on 8:20 am. On reaching Jaipur, I went to the district of Bhilwara, Rajasthan and reached there around 2:00 pm. The representative of the petitioner, Mr.Vinod Maru met me at Bhilwara with proper information of the concerned assets. I reached the asset location alongwith Mr.Maru around 2:30 pm. After reaching the said location, I approached the officers of Jindal Saw Ltd., who was in charge of supervision of the mine, who informed me about the critical situation of the area. I was also informed that the local people and the mine workers would evidently resist me if I had tried to take possession of the concerned assets without proper police assistance. I was further told by Mr.Maru that on approaching the Superintendent of Police, Bhilwara, Rajasthan with my representation on 3rd June 2019, the Superintendent of Police had expressed his inability to render assistance as because he had already deployed majority of the force to handle unforeseen situations during the local festival, Mewar Mahautsav and Eid to be celebrated in those areas from 5th June to 8th June 2019. However, such inability to render assistance was communicated to me by Mr.Maru while I was travelling from Jaipur to Bhilwara." He submits, there be direction upon Superintendent of Police, District Bhilwara in Rajasthan, to render assistance to Receiver who be directed to stay at the locale to complete compliance on assistance rendered. In the alternative, Receiver be empowered to appoint agent.
(3.) It appears from the report, Receiver cannot be faulted. Petitioner did not obtain intelligence before arranging for Receiver to travel. Petitioner will inform concerned Superintendent of Police in District Bhilwara of Rajasthan regarding Receiver's intended travel to comply with directions made in order dated 29th March, 2019. On obtaining written confirmation of assistance to be rendered on appointed date and time, petitioner will accordingly make arrangements for Receiver to travel to the locale and carry out directions made in said order. It is expected concerned police authorities will render assistance, as deemed necessary by petitioner, informed to Receiver and submitted to Court.;


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