Eastern Copper Manufacturing ... vs Latasha Exports Limited & Anr
2023 Latest Caselaw 962 Cal/2

OD-2

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


                                 EC/123/2015
          EASTERN COPPER MANUFACTURING COMPANY PVT. LTD.
                              VERSUS
                   LATASHA EXPORTS LIMITED & ANR.

BEFORE :
THE HON'BLE JUSTICE BIBHAS RANJAN DE

Date : 18th April, 2023.

Appearance:

Mr. B.K. Sen, Adv.

...for the decree-holder.

Mr. Soumabho Ghose, Adv.

Ms. Sonia Sharma, Adv.

Mr. Souradeep Banerjee, Adv.

...for the judgment-debtor.

The Court : Both the learned Advocates appearing for the parties to this

execution case are present.

One Mr. Suryanarayan Murthy/judgment-debtor is present. He is

examined in part. The witness/judgment-debtor undertakes to produce

documents before this Court on the returnable date.

Learned Advocate appearing on behalf of the judgment-debtor has

referred to the examination of Mr. Murthy recorded on 16th March, 2023

expressly question nos.12 to 18 wherefrom it is found that Door No.54-11-

16/3, 3rd Floor, Sweet home, Isukathota, Visakhapatnam - 530022, Andhra

Pradesh was mortgaged with Sriram Finance Limited is otherwise released

after payment of mortgage money.

Learned Advocate appearing on behalf of the decree-holder has

submitted that the judgment-debtor should be injuncted from alienating the

aforesaid property until further order of this Court.

Considering the examination of Mr. Murthy dated 16th March, 2023, I

find no difficulty in directing Mr. Murthy not to alienate the property

mentioned above or to create any third party interest on that property until

further order of this Court.

However, Mr. Murty standing on dock has undertaken today that he will

be able to satisfy the decretal amount within two months from date.

Mr. Murthy is directed to produce all the documents asked for today on

the returnable date.

The matter is made returnable on 20th June, 2023.

(BIBHAS RANJAN DE, J.)

s.pal