Srei Equipment Finance Limited v. Ati Freight Pvt. Ltd.

ODC 2 ORDER SHEET AP/176/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION SREI EQUIPMENT FINANCE LIMITED VS ATI FREIGHT PVT. LTD.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 5th September, 2022.

Appearance:

Mr. Saubhick Choudhury, Adv.

Ms. Tapasika Basu, Adv.

. . .for the petitioner.

Mr. Partha Pratim Chatterjee, . . .for the Receiver. The Court: Receiver files his report. Let the same be taken on record. The Receiver had visited the registered office of the respondents but has not been able to locate the said assets. It appears that the assets are outside the jurisdiction of India.

In light of the above, counsel appearing on behalf of the petitioner prays for disposal of the application under Section 9 with liberty to act in accordance with law for commencement of the arbitration proceedings.

In light of the submissions made, the application under Section 9 bearing AP 176 of 2022 is disposed of. The Receiver is discharged. Petitioner is at liberty to act in accordance with law. (SHEKHAR B. SARAF, J.) sp/