CALCUTTA HIGH COURT
Moushumi Bhattacharya, J.
Eastern Housing Udyog Finance Company Ltd. v. Eastern Housing Udyog Finance Company Ltd.
| Table of Content |
|---|
| 1. application for appointment of receiver in commercial loan case. (Para 1 , 2 , 3 , 4) |
| 2. maintainability of suit concerning movable property. (Para 6 , 8) |
| 3. legal definitions distinguishing between movable and immovable property. (Para 7 , 9 , 10 , 15) |
| 4. order granted for the appointment of a receiver pertaining to perishable goods. (Para 14 , 19) |
1. The Court : This is an application filed by the petitioner, a Non - Banking Financial Company (NBFC) for appointment of a Receiver for making inventory of and taking possession of the hypothecated assets under two agreements executed between the parties on 28 June, 2019. The application has been filed in a suit for a money decree and for sale of the hypothecated assets described in the Schedule to the plaint.
2. The respondent company owns a tea garden in Silchar, Assam. The facts culminating in the prayer for appointment of Receiver arises out of business loans advanced by the petitioner to the respondent amounting approximately to Rs.2.50 crores against hypothecation of assets of the respondent under a Loan Agreement and a Deed of Hypothecation. The loan facility was extended by the petitioner to the respondent with a
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