M/S Tata Capital Financial Services Ltd. v. M/S Taurus Flexibles Pvt. Ltd. and 7 Ors.
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COURT OF JUDICATURE AT BOMBAY ORDINARY
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1-CRR-1-2017.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
COURT RECEIVER’S REPORT NO. 1 OF 2017
IN
ARBITRATION PETITION NO. 20 OF 2016
Tata Capital Financial Services Ltd…Petitioner
Versus
Taurus Flexibles Pvt Ltd & Ors…Respondents
Ms Gayatri Mohapatra, with Pinak Bhagwat i/b Indialaw for the
Petitioner.
Mr Shailesh Pathak, i/b Kalpesh Patil for Respondent No.2.
Mr MS Mandavgade, Officer on Special Duty of CR present.
CORAM: G.S. PATEL, J DATED: 22nd March 2017
PC:-
1.The 2nd Respondent is present in Court. He is 77 years old
and has been unwell for some time. He states that he is unable to pay
any royalty or furnish security if he and his wife accept agency from
the Court Receiver. No royalty or security have yet been fixed. No
agency agreement has been executed. The Court Receiver remains
appointed of the mortgaged property 44, Ramdulal Sarkar Street,
Kolkatta.
Page 1 of 2
22nd March 2017
1-CRR-1-2017.DOC
2.The 2nd Respondent and his wife must enter into an agency
agreement so that the property can be properly preserved in custodia
legis. At present there no royalty or security is to be fixed by the
Court Receiver. The Court Receiver will place a separate report for
that purpose and to which the Respondent will undoubtedly be
given an opportunity to reply.
3. The agency agreement will be executed on or before 19th April 2017.
4. The Court Receiver’s Report is disposed of in these terms.
5. The Petitioner will pay the costs of the report.
(G. S. PATEL, J.)
Page 2 of 2
22nd March 2017
Tata Capital Financial Services Ltd
Taurus Flexibles Pvt Ltd
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court