Calcutta High Court
Pvt Ltd. And Ors vs Orient Beverages Limited on 16 September, 2025
ORDER OD-22
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
EC/20/2025
SQUARE FOUR ASSETS MANAGEMENT AND RECONSTRUCTION COMPANY
PVT LTD. AND ORS
VS
ORIENT BEVERAGES LIMITED
BEFORE :
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date: 16th September, 2025.
Appearance:
Ms. Sristi Barman Roy, Adv.
Ms. Sudipta Paul, Adv.
... for the Decree-holder.
Mr. Kaushik Banerjee, Adv.
Ms. Rashmita Sen, Adv.
... for the Judgment Debtor.
The Court:- Learned Advocate for the decree-holder and learned Advocate for the judgment debtor are present.
Learned Advocate for the decree-holder draws attention to the letters issued by the judgment debtor whereby the judgment debtor has admitted that the property is not the decretal property under their possession but under the possession of some of the trespassers. Learned Advocate also draws attention to the names submitted by the judgment debtors who are occupying the part of the decretal property. 2
Learned Advocate for the judgment debtor submits that the decretal property is not in the possession of his client and necessary orders may be passed in accordance with law.
In the facts and circumstances, this Court is of the view that at the very outset the Special Officers be appointed to take symbolic possession of the suit property and thereafter record the names of the occupants who are at present occupying the suit property and affix the notice on the decretal property to vacate the same on or before 25 th September, 2025. In the event the learned Special Officers are restrained from discharging their duties, necessary police help be obtained.
After September 25, 2025 the learned Special Officers shall cause a visit as to whether the occupants have vacated the suit property or not. In the event the occupants have not vacated, necessary report will be submitted before this Court on the reopening date. However, the rooms which are under lock and key and no one residing the possession of the said rooms shall be taken by the Special Officers and in the event some articles are lying in the said rooms, necessary inventory shall also be made.
Learned Special Officer shall upon notice to the learned Advocates for the decree-holder and judgment debtor shall cause inspection and take symbolic possession of the decretal property.
Mr. Jayanta Kumar Dhar learned Advocate (PH No. 9433234583) and Ms. Arpita Das Jana learned Advocate (PH No. 8240864990) are 3 appointed Joint Special Officers at a remuneration of 1000 Gms. each to be paid by the Decree-holder.
Fix 28.10.2025 for report of Special Officers.
(BISWAROOP CHOWDHURY, J.) JM