NOTICE FOR HEARING OF APPLICATION[CD1]
In the High Court at Calcutta Ordinary
Original Civil Jurisdiction
In the matter of:
Arbitration & Conciliation Act
1996
And
In the matter of: Section 9 of the
said Act
And In the matter of:
An Agreement of Lease bearing No. 2
dated 10th January 1999 entered into between the parties
And
In the matter of:
21st Century Finance Limited, a
company registered under the Companies Act 1956 having its Corporate Office at
5 N.S.
Road, Calcutta 700 001 within the said
jurisdiction
Petitioner
versus
Duncans Tea Co. Limited, a Company
registered under the Companies Act 1956 having its registered office at 6 A.T,
Road, Dibrugarh 1, Assam
S. Bardhan, working for gain at 6 A.T.
Road, Dibrugarh 1, Assam
K. Barua, working for gain at 6 A.T.
Road, Dibrugarh 1, Assam all outside the said jurisdiction
Respondents
To
Duncans Tea Co. Ltd.
S. Bardhan
K. Barua
All of 6 A.T. Road Dibrugarh 1, Assam
Dear
Sirs
PLEASE
TAKE NOTICE THAT on…………….the day of 2005 at the hour of 10-30
o'clock,
in the forenoon or so soon thereafter as Counsel can be heard an application
will be made on behalf of the petitioner above-named before the Hon'ble Judge
taking Arbitration and Conciliation Act 1996 matters for the following orders:
1. A Receiver be appointed over the Tea
Processing Machinery with attachments and accessories described in the
Agreement of Lease with a direction to take possession of the same with the
help of an Agent, if necessary;
2. Injunction restraining the
respondents, their servants, and agents from dealing with, disposing of,
alienating and/or encumbering the machinery mentioned in the Schedule to the
3. Agreement;
4. Receiver be authorised to take police
help and officer-in-charge of the local Police Station in Dibrugarh, Assam do
render such assistance to the Receiver or his agent as may be required;
5. Respondents be directed to show cause
as to why they should not be asked to furnish security in favour of the
Registrar, Original Side of this Hon'ble Court to the extent of Rs. 90 lakhs
within 10 days from the date of order;
6. In default of showing cause or showing
insufficient cause the respondents be directed to furnish securities for Rs. 90
lakhs within 15 days and in default the entire assets and properties of the
respondents be attached;
7. Ad interim orders in terms of prayers
above;
8. Costs of and incidentals to this
application be paid by the respondents;
9. Further orders be made and/or
directions be given as to this Hon'ble Court may deem fit and proper.
Dated
this …….. day of 2005
Yours faithfully Advocate-on-Record
Petition
of the petitioner verified by an affidavit of S. Ghose, affirmed on day of 2005 and the records and
proceedings of the above matter.
PLEASE
TAKE FURTHER NOTICE that this application being moved on before the Hon'ble
Justice when His Lordship was pleased to pass the following order:
"Leave
is given under Clause 12 of the Letters Patent. Liberty to serve by Courier,
Returnable on………………...
This
matter will appear as New Motion on Parties
shall act on a xerox of the signed
copy
of the minutes of this order on the usual undertaking."
Advocate-on-Record Sd/-
of
the petitioner Asstt
Registrar
High
Court O.S. Calcutta
0 Comments
Thank you for your response. It will help us to improve in the future.