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Judgment
The Court : This is an application for enforcement of an order passed under Section 17 of the Arbitration and Conciliation Act, 1996. The petitioner
moved an application before the Arbitrator seeking certain interim reliefs. In the said proceeding an ex parte ad interim order was passed on 12th
January, 2018 appointing an officer of the petitioner as the Custodian over and in respect of the asset financed by the petitioner. The said order was
communicated to the respondents on 9th February, 2018.
Thereafter the interim order was confirmed by an order dated 26th February, 2018. It further appears that the hearing of the arbitration matter was
concluded by the Arbitrator on 26th February, 2018. The award has not yet been published.
The petitioner seeks enforcement of the order dated 12th January, 2018 under Section 17(2) of the Act. The petitioner says that the order under
Section 17 of the Act is not under challenge. The respondents also did not appear to have filed their statement of defence before the Arbitrator.
For the reasons recorded by the Arbitrator in the order dated 12th January, 2018 and since confirmed on 26th February, 2018, in my view, the
petitioner is entitled to implement the said order dated 12th January, 2018 under Section 17 of the Act. Under such circumstances, Mr. Samir Kumar
Ghosh, Advocate, Bar Association Room No.17 (M No.9674550684) is appointed as Receiver.
There shall be an order in terms of prayer (a) of Column 10 of the Tabular Statement. In the event the Receiver is resisted in implementing the order,
on a written request being made by the Receiver in this regard, the Officer-in-Charge of the local police station shall render all possible assistance to
the Receiver to implement this order.
The Receiver shall be entitled to an initial remuneration of 1500 GMs to be paid by the petitioner and all expenses on account of the Receiver’s
travel, accommodation and the like shall be borne by the petitioner at the first instance and shall be added to its claim in the execution proceedings.
The Receiver shall file a report on the adjourned date.The matter is made returnable on 12th June,
2018.                                            Â