R Piyarelall Iron And Steel Pvt Ltd vs Ram Prasad Agarwala And Ors
2023 Latest Caselaw 916 Cal/2

ODC-12
                               ORDER SHEET

                              EC/176/2021
                      IA NO: GA/1/2022, GA/3/2022,
                          GA/4/2023, GA/5/2023

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            (Commercial Division)

                  R PIYARELALL IRON AND STEEL PVT LTD
                                  VS
                     RAM PRASAD AGARWALA AND ORS


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 11th April, 2023 Appearance:

Mr. Anirban Ray, Adv.

Mr. Jishnu Chowdhury, Adv.

Mr. Ratnesh Kr. Rai, Adv.

Mr. Ankan Rai, Adv.

Mr. Sachchida Nand Pandey, Adv.

...for the petitioner

Mr. Suman Dutta, Adv.

Mr. Selim Mallik, Adv.

...for judgment-debtor nos. 1, 2, 3, 4 & 6

Mr. Joy Saha, Sr. Adv.

Ms. Nilanjana Adhya, Adv.

Mr. Kaushik Banerjee, Adv.

Ms. Sudipta Paul, Adv.

...for judgment-debtor no.5

Mr. Subhankar Chakraborty, Adv.

Mr. Saptarshi Bhattacharjee, Adv.

Ms. Ruchira Manna, Adv.

...for JSW Ispat

The Court: GA/5/2023 has been filed by the award-holder seeking

certain further prayers in the execution proceeding. A particular bank account

of the award-debtor with IDBI, Ahmedabad was not revealed by the award-

debtor in the affidavit of assets. It is the contention of the award-holder that

this bank account has over Rs. 6 crores. On the last occasion during the

examination, the deponent could not provide details of the bank account and

only submitted that he shall revert with regard to whether this account is

existing or not. From the documents produced in the petition it is clear that

such an account is very much in existence and the award-debtor has been

making false statements to the IDBI Bank.

In light of the conduct of the award-debtor, the IDBI Bank is directed to

freeze both the bank accounts bearing Nos. 009103000003599 lying with the

IDBI Bank, Ahmedabad Branch and 0001001020000805 lying with IDBI Bank,

Mumbai Branch. The IDBI Bank is also directed to provide a copy of the

statement of accounts for the last six months in these accounts directly to the

award-holder on a letter being written by the award-holder to the IDBI Bank

within a period of one week.

The award-debtor is injuncted from using the above two accounts in any

manner whatsoever for the time being.

The deponent who is appearing in this Court for examination is directed

to be present on the returnable date.

Affidavit-in-opposition be filed to GA/5/2023 within two weeks from

date; reply thereto, if any, within one week thereafter.

Let this matter appear three weeks hence.

Counsel appearing on behalf of JSW Ispat (mentioned in internal page 11

of the affidavit of assets by the judgment-debtor no.5) submits that the

judgment-debtor no.5 does not exist as vendor and they do not owe any money

to the judgment-debtor no.5. This submission is vehemently opposed by

Counsel appearing on behalf of the award-debtors.

(SHEKHAR B. SARAF, J.)

R.Bhar