Pankaj Kumar Goel vs Ajay Jaiswal
2023 Latest Caselaw 2201 Cal/2

OD-16

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

                                 EC/363/2018
                               IA NO: GA/1/2023

                          PANKAJ KUMAR GOEL
                                  VS
                             AJAY JAISWAL


  BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 22nd August, 2023.

Appearance;

Mr. Arnab Chakraborty, Adv.

Mr. Pragya Bhowmick, Adv.

Mr. Sukalyan Chakraborty, Adv.

...for the decree-holder

Mr. Chayan Gupta, Adv.

Mr. Niladri Banerjee, Adv.

Mr. Soumyajyoti Nandy, Adv.

Mr. Deepankar Thakuar, Adv.

...for the judgment-debtor

The Court : This is an application for execution of a decree dated 1st

November, 2017 directing the judgment-debtor to pay a sum of

Rs.25,65,164/- inclusive of interest. By an order dated 18th December,

2018, a Coordinate Bench in this execution application had granted an

order of injunction restraining the judgment-debtor from disposing of or

alienating or encumbering any of this immovable properties including the

properties mentioned in prayer (e) of Column 10 of the Tabular Statement.

For the sake of convenience, prayer (e) of Column 10 of the Tabular

Statement is set out hereinbelow:

(e) Injunction restraining the judgement debtor, his representatives, servants, agents and assigns from dealing with, alienating or encumbering in any manner any of the assets and properties of the judgement

debtor and his said concern Anupam and Rupam Trading Company at premises no. 167A, Vivekananda Road, Kolkata-700006 or at any other place and the share of the judgement debtor in the properties being premises no. 71/2B, Bidhan Sarani, Kolkata-700006 and premises no. 167A, Vivekananda Road, Kolkata- 700006.

Admittedly, there has been no satisfaction of the decree till date. The

judgment-debtor has filed an Affidavit of Assets.

During the course of examination, the decree-holder, confronts the

judgement-debtor with a Development Agreement dated 14th August, 2019.

The judgment-debtor has admitted that the properties in question are

undivided properties and the judgment-debtor had executed the

development agreement dated 14th August, 2019. In such circumstances,

liberty is granted to the decree-holder to file an application for contempt if

so advised.

In the meantime, there shall be an order of stay of the entire

development agreement dated 14th August, 2019 in respect of the share of

the judgment-debtor in all the aforesaid properties until further orders of

Court. It is ex facie evident that the development agreement has been

entered into in violation of the subsisting order of injunction dated 18th

December, 2018.

Let this matter for further hearing on 6th September, 2023.

(RAVI KRISHAN KAPUR, J.)

S.Bag