Vijai Shree Private Limited vs The Managing Director
2022 Latest Caselaw 2642 Cal/2

OD-1


                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE

                                IA NO. GA/2/2022
                                 In EC/254/2022

                        VIJAI SHREE PRIVATE LIMITED
                                     VS
            THE MANAGING DIRECTOR, FOODSGRAINS, PUNJAB STATE
          CO-OPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED



BEFORE:
The Hon'ble JUSTICE SUVRA GHOSH

Date : 14th October, 2022.

[Vacation Bench]

Appearance:

Mr. Debajyoti Datta, Adv.

Mr. Pushan Kar, Adv.

Mr. Sagnik Majumdar, Adv.

Ms. Ananya Das, Adv.

...for the decree-holder

Mr. Saptangshu Basu, Sr. Adv.

Mr. Ratul Das, Adv.

Mr. Sudhakar Prasad, Adv.

Mr. Pradipta Bose, Adv.

... for the judgment-debtor

The Court:- Heard learned counsel for the parties.

Learned counsel for the judgment-debtor petitioner prays for partial

modification of the order passed by a Co-ordinate Bench of this Court on 5th

August, 2022 in EC/254/2022 to the extent that instead of a direction for

attachment of the entire bank account maintained by the judgment-debtor, the

amount equivalent to the decretal amount be attached and the bank account

pertaining to the remaining amount be released from attachment.

It is submitted on behalf of the decree-holder that an amount of

Rs.1,06,35,272/- is due from the judgment-debtor. The decree-holder has no

objection if the said amount is deposited with the learned Registrar, Original

Side of this Court.

In view of the above, the application being GA/2/2022 is disposed of with

a direction upon the judgment-debtor to deposit the amount of Rs.1,06,35,272/-

without prejudice to his rights and contention, before the learned Registrar,

Original Side, High Court, Calcutta within seven days from date.

The learned Registrar, Original Side, High Court, Calcutta shall deposit

the said amount in an auto-renewing interest-bearing account in any

nationalized bank upon receipt of the same.

On depositing the said amount by the judgment-debtor within the

stipulated time-frame, the bank account of the judgment-debtor being Account

No.50200022121860 with the HDFC bank be released from attachment.

The order passed on 5th August, 2022 in EC/254/2022 is modified to this

extent. The remaining portion of the order shall remain unaltered.

There shall be no order as to costs.

Urgent certified website copy of this order, if applied for, be supplied to the

parties upon compliance with all requisite formalities.

(SUVRA GHOSH, J.)

S.Bag/TO