Calcutta High Court
Talat Ahmed And Ors vs Prabhadeep Construction Private ... on 10 September, 2021
ODC-79
ORDER SHEET
EC/100/2021
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
Commercial Division
ORIGINAL SIDE
TALAT AHMED AND ORS.
VS
PRABHADEEP CONSTRUCTION PRIVATE LIMITED AND ORS.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 10TH SEPTEMBER, 2021.
[Via video conference]
Appearance:
Mr. Swatarup Banerjee, Adv.
Ms. Manali Bose, Adv.
Mr. Saubhik Chowdhury, Adv.
Mr. Dripto Majumdar, Adv.
Ms. A. Sinha, Adv.
...For the Award Holders
Mr. Rajarshi Dutta, Adv.
Mr. Sandip Kr. Dutta, Adv.
...For the Judgment Debtors
The Court: The Judgment Debtor being the respondent No.3 was given an
opportunity of filing an affidavit of assets in compliance with the order passed by
learned Single Judge on 7th September, 2018 within three weeks from the date of
the order passed by this Court on 12th August, 2021. The time to file such
affidavit of assets expired on 2nd September, 2021.
At the time when the matter is called out, learned Counsel appearing for
the Judgment Debtor hands up an email dated 9th September, 2021 from one
Dipak Mohanty, being respondent No.3 and the Judgment Debtor states that
elder brother one Ashok Mohanty (Judgment Debtor No.4) is under going
treatment for blood cancer in Mumbai and that the Judgment Debtor No.3/Dipak
Mohanty is also in Mumbai for the said reason. By the said letter, time of two
months have been sought for, for the purpose of compliance with the order
passed by this Court.
Upon hearing learned Counsel for the Decree Holder, it is clear that the
Judgment Debtor No.3 was directed to file his affidavit of assets by the order
dated 7th September, 2018 which has not been complied with till date. This Court
renewed such opportunity by giving the Judgment Debtor No.3 a further three
weeks from 12th August, 2021 for filing his affidavit of assets. The provision of
The Code of Civil Procedure more specifically Order 21 Rule 41(3) are against the
Judgment Debtor is that the said provision empowers the Court to direct the
person disobeying the order under Order 21 Rule 41(2) in the matter of filing an
affidavit of assets to be detained in civil imprisonment for the term not exceeding
three months.
It has been submitted by Counsel that the Judgment Debtor No.3 is the
owner of valuable shares in companies, the details whereof are presently not
available with the Decree Holder. The application mentions a residential
apartment in Bhubaneswar of the Judgment Debtor No.3.
This Court is of the view that in absence of an affidavit of assets and the
reason stated in the email handed up to the Court, not sufficient grounds exist
for making an order of civil imprisonment against Judgment Debtor No.3.
However, because of the continued failure on the part of the said Judgment
Debtor to provide any particulars in terms of which Decree Holder can proceed,
there shall be an order of injunction restraining the Judgment Debtor No.3 from
dealing with any of the assets which are presently in the possession or in control
of the Judgment Debtor No.3 without keeping aside a sum of Rs.4 lakh until
further orders. The Judgment Debtor is given a peremptory opportunity of filing
his affidavit of assets within three weeks from date.
It is made clear that appropriate orders shall be passed on the returnable
date under the provision of The Code of Civil Procedure in the event the
Judgment Debtor fails to do so. It is made clear that the Judgment Debtor No.3
will have to file the affidavit of assets on behalf of the Judgment Debtor Nos.1
and 2. The Judgment Debtor No.3 is also directed to be present on the returnable
date.
List this matter after 1st October, 2021 at 2 P.M.
(MOUSHUMI BHATTACHARYA, J.)
S. De
