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2023 Supreme(Cal) 605

KRISHNA RAO
Astrex Enterprise Pvt. Ltd. – Appellant
Versus
Surendra Singh Bengani – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Rupak Ghosh, Mr. Ranjit Kumar Basu, Mr. Ayan Datta.
For the Defendant : Mr. Rohit Banerjee, Mr. Virendra Singh Bengani.

JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the instant application praying for appointment of Special Officer/Receiver for taking possession of books of account and to finds the details of various transactions with various debtors and other parties and to collect the trade receivable by the defendant from the debtors of the defendant.

2. The plaintiff had filed the suit against the defendant being C.S. No. 156 of 2020 praying for a decree for a sum of Rs. 5,41,88,527/- along with interest. The plaintiff previously filed an application being G.A No. 1 of 2020 praying for an order of injunction restraining the defendant from withdrawing any amount from the bank mentioned in prayer (a) of the said application. In the said application, this Court has passed an order restraining the defendant from withdrawing any sum from S.B. A/c No. 910010017274507 maintained with the Axis Bank Limited, Sarat Bose Road, Kolkata and S.B A/c No. 3102135000011008 with Karur Vysya Bank, Shakespeare Sarani Branch, Kolkata without keeping aside a sum of Rs. 5 crore towards the claim of the plaintiff.

3. In the affidavit-in-opposition filed by the defendant in connection with G.A No. 1 of 2021, the

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