Aaryan Projects Pvt. Ltd vs Klowin Infrastructure Pvt. Ltd
2021 Latest Caselaw 322 Cal/2

ORDER SHEET
                                                                         OD-49

                              IA NO. GA/1/2021
                               IN EC/393/2019
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE


                          AARYAN PROJECTS PVT. LTD.
                                   VERSUS
                       KLOWIN INFRASTRUCTURE PVT. LTD.



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 24th March, 2021.

(Via Video Conference)

Appearance:

Mr. Jishnu Chowdhury, Adv.

Mr. Sankarsan Sarkar, Adv.

Mr. Mehboob Rahman, Adv.

Mr. Rupak Ghosh, Adv.

Mr. Nikunj Berlia, Adv.

Ms. Anshu Jain, Adv.

The Court: In an execution proceedings, the decree holder seeks interim

protection.

Learned advocate appearing for the decree holder draws the attention of

the Court to an advertisement in a newspaper. He submits that the

advertisement is to the effect that, a third party is seeking to purchase the

immovable property of the judgment. He seeks an order of injunction at this

stage.

Learned advocate appearing for the judgment debtor submits that the

decree holder put an ex parte decree into execution. The judgment debtor

applied for recall of the ex parte decree. The judgment debtor preferred an

appeal on the refusal of the learned judge granting an order of stay of the ex

parte decree.

In the facts of the present case, since prima facie it appears that there is

an advertisement by which, the third party claims to have entered into

negotiation with the judgment debtor to purchase the assets belonging to the

judgment debtor, it would be appropriate to pass an order in terms of prayer (b)

of the Master Summons dated March 10, 2021 till June 30, 2021 or until further

orders whichever is earlier, in respect of the immoveable properties of the

judgment debtor.

Let affidavit in opposition be filed within two weeks from date; reply

thereto, if any, within a week thereafter. List the application under the heading

"Chamber Application for Final Disposal" three weeks hence.

(DEBANGSU BASAK, J.)

sp/