Calcutta High Court
Sunflower Synergies Pvt Ltd vs Raja Ram Saraf on 4 August, 2023
OD-48
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
EC/425/2019
IA NO: GA/1/2020(Old No:GA/499/2020)
SUNFLOWER SYNERGIES PVT LTD
VS
RAJA RAM SARAF
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 4th August, 2023.
Appearance:
Mr. Soumabho Ghosh, Adv.
Mr. Aritra Basu, Adv.
Mr. B. Kumar, Adv.
Mr. Suddhasatva Banerjee, Adv.
Mr. Indradeep Basu, Adv.
Mr. Vikram Wadehra, Adv.
Mr. M. Ray, Adv.
The Court : This is an application for execution of a decree dated 11
June, 2018.
By an order dated 5 November, 2019, the award debtor was directed
to file an Affidavit of Assets in Form No. 16A of Appendix-E of the Code of
Civil Procedure, 1908. Subsequently, diverse orders have been passed
from time to time.
By an order dated 24 July, 2023, this Court had peremptorily
granted time to the judgment debtor to file an Affidavit of Assets. By the
said order, the judgment debtor was also directed to take instructions as
to how the decretal dues would be paid. The judgment debtor was also
directed to furnish the particulars of the funds lying in the respective
bank accounts, details whereof appear at paragraph 4(a) of the advance
copy of the Affidavit of Assets which have been served on the decree
holder.
The judgment debtor is represented. The Affidavit of Assets filed
belatedly by the judgment debtor is taken on record. It is submitted on
behalf of the judgment debtor that since an advance copy of the Affidavit
of Assets was served as far back as in 2019, there are certain subsequent
facts which are required to be brought on record and further extension of
time be granted to file a fresh Affidavit of Assets.
The judgment debtor also seeks extension of time to comply with
the directions contained in the order dated 24 July, 2023 passed by this
Court. By the said order, this Court had inter-alia directed the judgment
debtor to furnish the bank details particulars whereof were appeared in
paragraph 4(a) of the advance copy of the Affidavit of Assets.
There are no cogent nor satisfactory grounds as to why the
judgment debtor has failed to comply with the order dated 24 July, 2023.
The casual and indifferent manner in which the judgment debtor seeks to
justify non-compliance is unacceptable. Such frivolous excuses
unnecessarily prolong proceedings. The particulars of the bank accounts
of the judgment debtor was within his specific knowledge.
In view of the non-compliance with the order dated 24 July, 2023
the judgment debtor is directed to pay costs assessed at Rs.25,000/- to
the decree holder prior to the returnable date. The judgment debtor is also
peremptorily directed to comply with all the directions in the order dated
24 July, 2023. In case of non-compliance with any of the directions,
appropriate orders for issuance of warrant of arrest would be passed on
the returnable date.
Let this matter appear on 8 August, 2023 as a 'Specially Fixed
Matter'.
(RAVI KRISHAN KAPUR, J.)
SK.
