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Calcutta High Court
Tradecom Private Limited) And Anr vs Samiran Gain on 1 May, 2024
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
OCD-20
Wt21, wt22 & OD-36
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
EC/61/2023
IA NO: GA-COM/1/2023
CELICA MOTOCORP PRIVATE LIMITED (FORMERLY KNOWN AS D. J.
TRADECOM PRIVATE LIMITED) AND ANR.
VS
SAMIRAN GAIN
CC-COM/3/2024
CELICA MOTORCORP PRIVATE LIMITED (FORMERLY KNOWN AS D. J.
TRADECOM PRIVATE LIMITED) AND ANR.
VS
SAMIRAN GAIN
AP-COM/31/2024
SAMIRAN GAIN
VS
CELICA MOTOCORP PVT LTD AND ANR.
CC/114/2023
CELICA MOTOCORP PVT LTD (D J TRADECOM PVT LTD) AND ANR.
VS
SAMIRAN GAIN
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 1st May, 2024.
Appearance:
Mr. Paritosh Sinha, Adv.
Ms. S. Das, Adv.
Mr. Himangsu Bhowsingka, Adv.
Mr. Rohan Kumar Thakur, Adv.
...for the decree-holders.
Mr. Shuvasish Sengupta, Adv.
Mr. Soumya Ray, Adv.
Ms. Anwesha Saha, Adv.
Mr. Abrajit Raychowdhury, Adv.
...for the judgment-debtor.2
The Court: A supplementary affidavit filed on behalf of the decree-holders be kept with the records.
Liberty is granted to the judgment-debtor to file a Reply, if so advised. This is an application for execution of a decree dated 10 August, 2022 for an aggregate amount of Rs.85,10,356.16. Obviously, the interest component on this amount has increased during the pendency of this proceeding.
Diverse orders have been passed from time to time. There is also a restraint insofar as three immovable properties of the judgment-debtor are concerned. By an order dated 22 August, 2023 a Receiver had also been appointed in respect of the premises which allegedly belong to the judgment-debtor.
During the pendency of this application proceeding, the judgment-debtor has paid an aggregate amount of Rs.40 lakhs till date. There remains a huge amount still outstanding. The judgment-debtor has offered that one of the properties of the judgment-debtor be sold in order to liquidate the remaining decretal dues. Despite repeated opportunities, being granted to the judgment- debtor, no firm proposal for sale of any one of the properties has been furnished till date. Significantly, none of the title deeds nor documents of title of any of the properties have been made available to the Receiver.
The judgment-debtor is also, prima facie, in violation of orders of Court. On the basis of the submissions made by the judgment-debtor, liberty is granted to the judgment-debtor to file a Supplementary Affidavit disclosing the mode and manner in which the sale of any one of the properties be conducted in order to expeditiously liquidate the dues of the decree-holder. The judgment- debtor shall also annexed all title deeds in respect of the aforesaid properties, particulars whereof are mentioned in the Affidavit of Assets. 3
As prayed for by the judgment-debtors, let all these matters appear on 10 May, 2024.
The aforesaid directions are peremptory in nature.
(RAVI KRISHAN KAPUR, J.) s.pal