Srei Equipment Finance Limited v. Mantena Srinivasa Raju And ORS.

OC -48 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL JURISDICTION ORIGINAL SIDE AP-COM/335/2025 SREI EQUIPMENT FINANCE LIMITED VS MANTENA SRINIVASA RAJU AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 8thJuly, 2025.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. SarifulHaque, Adv.

Ms. PrithaGhose, Adv.

.... for the petitioner The Court:Affidavit of service is taken on record. None appears on behalf of the respondents despite service. Considering the balance of convenience and inconvenience and the prima facie case, the respondents were restrained from alienating, encumbering and/or changing the nature and character of the assets. The assets were permitted to be used in the usual course of business i.e. for the purpose for which the same were rented. The Court directed that no third party rights should be created.

Such order was passed on May 6, 2025. The description of the assets appear at pages 58 to 60 of the application. The list includes 42 numbersof assets of various descriptions with details of engine numbers etc.

The interim order already passed on May 6, 2025 shall continue for a period of three months from date. There is no point in keeping the application pending. The petitioner shall take steps for appointment of an arbitrator in accordance with law, as amended. Liberty is granted to the petitioner to make further prayers before the learned Arbitrator in the nature of interim protection/order.

The application is accordingly disposed of.

This order shall be communicated to the respondent. (SHAMPA SARKAR, J.) TR/