OCD 12 ORDER SHEET AP-COM/1009/2024 IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE M/S SANY HEAVY INDUSTRY INDIA PVT. LTD. VS BHAVSINGH AND ORS. BEFORE: The Hon'ble JUSTICE SHAMPA SARKAR Date: 3rd July, 2025. Appearance: Mr. Saptarshi Bhattacharjee, Adv. …for the petitioner The Court: 1. Despite service, none appears on behalf of the respondents. 2. Considering the balance of convenience and inconvenience, the prima facie case and the fact that more than Rs.48 lakhs was due and payable, this Court has restrained the respondents from dealing with or encumbering or alienating the hypothecated asset, morefully described hereunder: “Description of Asset/Equipment: Equipment Name : Hydraulic Crawler Excavator SY 140C-9 (AC) Serial No.: 20SEY014296211 Situated at : Shekhpur, Vidisha, Madhya Pradesh – 464224.” 2 3. The Court also directed that the respondents shall be restrained from operating the bank account. The details of Bank Account is provided hereunder: “Name of the Account Holder :Bhavsingh Bank Name :Madhya Pradesh Gramin Bank Account No. : 032110400003865 IFSC Code :BKID0NMARGB” 4. The respondents were also granted liberty to file their affidavit-in- opposition within three weeks from date; reply within two weeks thereafter. Liberty was granted to pray for variation, vacation or modification of the interim order. No such application has been filed. None appears despite service once again. 5. The interim order passed earlier is made absolute. 6. Under such circumstances, the interim order of injunction on the bank account and the asset shall continue for a period of three months within which time, the petitioner will take steps for appointment of a learned Arbitrator. 7. The further prayers for appointment of a Receiver over the asset and any other interim order that may be necessary shall be made before the learned Arbitrator. 8. The bank will act on the basis of the communication of the learned advocate-on-record for the petitioner. 9. The application is, accordingly, disposed. (SHAMPA SARKAR, J.) B.Pal