Michigan Engineers Pvt. Ltd vs Senbo Engineering Limited
2023 Latest Caselaw 3308 Cal/2

Calcutta High Court

Michigan Engineers Pvt. Ltd vs Senbo Engineering Limited on 5 December, 2023

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OD-3
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE

                                EC/76/2017
                        MICHIGAN ENGINEERS PVT. LTD.
                                    VS
                         SENBO ENGINEERING LIMITED

BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 5th December, 2023.

Appearance:

Mr. Jishnujit Roy, Adv.

Mr. Aayush Lakhotia, Adv.

M.Chayan Gupta, Adv.

Mr. Niladri Banerjee, Adv.

Mr. Ankit Agarwal, Adv.

Mr. Altamas Ali, Adv.

The Court: This is an application for execution of a decree dated 25

November, 2007. The decree is for a sum of Rs.1,70,05,949.40.

There has been no compliance with the order dated 28 November, 2023.

Despite a categorical direction for a competent and authorised representative of

the judgment-debtor to be present, the judgment-debtor is unrepresented. The

Advocate appearing on behalf of the judgment-debtor also does not have any

excuse for the deliberate non-compliance. A suggested payment schedule which

was directed to be served by the judgment-debtor on the decree-holder is handed

over in Court today. Obviously, the judgment-debtor has been casual about

earlier directions of Court and has not timely complied with the same.

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

approximately Rs.70 lakhs due and payable on account of principal which

remains unsatisfied till date.

There is no embargo in proceeding with the execution application.

In such circumstances, the judgment-debtor is directed to file a revised

Affidavit of Assets in compliance with the provisions of the Code of Civil

Procedure, 1908. A competent and principal officer of the judgment-debtor is

also directed to be present on the returnable date for examination.

In the meantime, let there be an order of attachment in respect of the

bank accounts, particulars whereof appear at page 7 (paragraph 6 sub-

paragraph (I), (II), (III) of the earlier Affidavit of Assets dated 12 September 2017)

to the extent of the balance decretal dues i.e., Rs.70 lakhs. The judgment-debtor

is also restrained from operating any of the bank accounts without leaving a

balance sum of Rs.70 lakhs apart on account of the decretal dues.

The judgment-debtor is also directed to furnish the bank statement of

each of the accounts, particulars whereof appear at page 7 paragraph 6 sub-

paragraph (I), (II), (III) of the previous Affidavit of Assets.

The judgment-debtor is also directed to furnish full particulars of the

secured debts payable to the decree-holder, particulars whereof appear at page 8

paragraph 7, (wrongly recorded as paragraph 6) of the previous Affidavit of

Assets.

Let this matter appear on 12 December, 2023 under the heading

'Examination of Judgment-debtor'.

(RAVI KRISHAN KAPUR, J.)

s.pal