Utkarsh India Limited vs Aparajita Enterprises And Anr

Citation : 2024 Latest Caselaw 3083 Cal/2
Judgement Date : 3 October, 2024

Calcutta High Court

Utkarsh India Limited vs Aparajita Enterprises And Anr on 3 October, 2024

OCD-1
                              ORDER SHEET
                   IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE
                          [Commercial Division]

                            EC-COM/312/2024

                       UTKARSH INDIA LIMITED
                                 VS
                   APARAJITA ENTERPRISES AND ANR

  BEFORE:
  The Hon'ble JUSTICE BIVAS PATTANAYAK

Date : 3rd October, 2024.

Appearance:

Mr. Ayan Dutta, Adv.
Mr. Dwip Raj Basu, Adv.
...for the Decree Holder The Court :- Affidavit-of-service filed by the Decree Holder is taken on record.
Mr. Ayan Dutta, learned Counsel for the decree holder submits that pursuant to order of this Court notice has been sent to the judgment debtor. However, such notice has returned with a postal endorsement "left". He submits that the judgment debtor is still carrying on its business from the address mentioned in the decree but is intentionally avoiding service to be effected on him. He seeks to serve fresh notice upon the judgment debtor as well as the Advocate-on-record for the judgment debtor/defendant who represented him in CS/154/2022.
In view of such submissions let such notice be served upon the judgment debtor as well as Advocate-on-Record for the defendant in the 2 suit being CS/154/2022 and file affidavit of service on the returnable date.
List this matter on 26th November, 2024.
(BIVAS PATTANAYAK, J.) mg/DB