Calcutta High Court
Tci Finance Limited vs Godavari Commercial Services on 27 February, 2025
OD-5
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/288/2020
IA NO: GA/1/2021
TCI FINANCE LIMITED
VS
GODAVARI COMMERCIAL SERVICES
PRIVATE LIMITED AND ORS.
BEFORE :
THE HON'BLE JUSTICE PARTHA SARATHI SEN
Date : 27th February, 2025.
Appearance :
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Ankan Rai, Adv.
Mr. Ratnesh Kr. Rai, Adv.
Ms. Sakshi Kejriwal, Adv.
..for the decree-holder.
Mr. Sakya Sen, Sr.Adv.
Mr. M.S. Tiwari, Adv.
Ms. Sweta Poddar, Adv.
...for judgemnet-debtor.
Re:IA.NO. GA/1/2021
1.This is an application under Section 47 of the Code of Civil Procedure of the Judgmeent debtor where the judgement debtor has challenged the executability of consent decree.
2. In course of his submission, Mr. Sen, learned Senior Advocate appearing on behalf of the judgement debtor at the very outset draws attention of this Court to the order dated February 6, 2025, whereby and whereunder this Court passes an order of injunction retraining the judgment debtor from operating its bank account leaving apart certain sum as mentioned in the said order.
3. It is submitted by Mr. Sen that the instant execution case suddenly appeared on February 6, 2025 and thus the judgement debtor could not get an opportunity to appear on the said date and thus in absence of the judgment debtor a favourable order has been passed in favour of the decree holder, which is prejudicial to the judgment debtor, particularly when the executability of the said decree has been challenged by filing the instant application i.e. GA 1 of 2021.
4. Such contention is, however, opposed by Mr. Mitra, learned Senior Counsel appearing on behalf of the decree holder.
5. Considering the entire materials as placed before this Court, this Court considers that justice would be sub-served if GA 1 of 2021 is taken up for hearing at the earliest.
6. It is reported at the Bar so far as GA 1 of 2021 and EC 288 of 2020, exchange of affidavits are complete.
7. Let the matter be listed on March 27, 2025 for hearing of GA 1 of 2021.
(PARTHA SARATHI SEN, J.) nm