Fertilizer Corporation Of India Limited v. Balmer Lawrie And Co. Ltd.

ORDER SHEET AP 2 of 2020 IA No. GA 1 of 2020 (Old GA 911 of 2020) GA 2 of 2020 (Old GA 912 of 2020) GA 3 of 2020 GA 4 of 2020

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE FERTILIZER CORPORATION OF INDIA LIMITED

Versus

BALMER LAWRIE AND CO. LTD.

BEFORE:

The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 14th October, 2020.

[Via video conference] Appearance:

Mr. Anil Dhar, Adv.

Mr. S. Bhattacharya, Adv.

Mr. Debrup Bhattacharjee, Adv.

Mr. Ritesh Kumar Ganguly, Adv.

Mr. Amitabha Ghosh, Adv.

The Court : It is submitted by the petitioner that in terms of the order dated August 28, 2020 the Receiver through his agent has shifted the equipment in question at a suitable place provided by the petitioner. The Receiver has filed a report, copies whereof have also been made available to the parties.

The respondent also accepts that the Receiver has complied with the order dated August 28, 2020.

When the Receiver has already complied with the order dated August 28, 2020 and the parties have no further grievance, the application being AP 2 of 2020 along with all connected applications stands disposed of accordingly. It is to be noted that the Receiver was appointed way back in the year 2006 and he has been paid an initial remuneration of 500 GMs to make an inventory of the asset in question which is lying at Sindhi in the state of Jharkhand. Thereafter the Receiver has not been paid remuneration by either of the party.

Let the Receiver be paid a further remuneration of 5000 GMs to be borne by the parties in equal share. Such fees of the Receiver shall be paid positively within November 20, 2020.

(ASHIS KUMAR CHAKRABORTY, J.) RS