Calcutta High Court
Utkarsh India Limited vs Buildstar Infra Private Limited on 28 July, 2025
OCD-25
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Commercial Division
ORIGINAL SIDE
EC-COM/178/2025
UTKARSH INDIA LIMITED
VS
BUILDSTAR INFRA PRIVATE LIMITED
BEFORE :
The Hon'ble JUSTICE KRISHNA RAO
Date : July 28, 2025
Appearance :
Mr. Aurin Chakraborty, Adv.
Mr. Dwip Raj Basu, Adv.
...for the decree holder
1.The decree holder has filed the present execution case for execution of the decree passed by this Court dated 10th September, 2024 for realization an amount of Rs.25,20,606/- along with interest totalling to Rs.43,24,255/-.
2. Counsel for the decree holder submits that initially notice was sent to the judgement debtor but it was returned unserved with the endorsement 'left'. Subsequently, as per the direction passed by this Court, the copy of the notice of the execution case has been served upon the Advocate on Record of the judgement debtor who was appearing in the appeal on behalf of the judgement debtor.
3. Counsel for the decree holder has brought to the notice of this Court that the appeal preferred by the judgment debtor is also dismissed but today none appears on behalf of the judgement debtor.
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4. Counsel for the decree holder submits that as the appeal is also dismissed but the judgement debtor is not appearing in the matter and prayed for interim order in terms of prayers (f) and (g).
5. In view of the submission made by the Counsel for the decree holder, the judgement debtor is restrained from withdrawing of any amount from the bank account of the judgement debtor connected with the PAN AAFCG1144D without keeping aside an amount of Rs.43,24,255/-.
6. The judgement debtor is also restrained from alienating or encumbering or creating any third party interest with regard to the assets and properties of the judgement debtor till the disposal of the present execution case.
7. The decree holder is directed to serve the notice through Officer-in- Charge of Jorabagan Police Station and the concerned Officer-in- Charge is directed to file report with regard of service of notice upon the judgement debtor on the next date fixed.
8. List this matter on 19th August, 2025.
(KRISHNA RAO, J.) Sbghosh