In the High Court at Calcutta Ordinary Original Civil Jurisdiction



In the matter of:

Arbitration & Conciliation Act 1996


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:



ABC   Private Limited                                                            Petitioner





XYZ Private Limited.                                                             Respondents





A B Private Limited.



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 authorized 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 favor 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                                                  Asst. Registrar

High Court O.S. Calcutta