Darkwell Suppliers Private ... vs K.L. Commercial [P] Ltd
2023 Latest Caselaw 532 Cal/2

OD-1


                           IN THE HIGH COURT AT CALCUTTA
                        ORDINARY ORIGINAL CIVIL JURISDICTION
                                   ORIGINAL SIDE

                                       EC/128/2017

                        DARKWELL SUPPLIERS PRIVATE LIMITED
                                       VS.
                             K.L. COMMERCIAL [P] LTD.

BEFORE :
THE HON'BLE JUSTICE BIBHAS RANJAN DE

Date : 23rd February, 2023

Appearance :

Mr. Jishnu Chowdhury, Mr. Dwaipayan Basu Mallick, Mr. Arkaprava Sen, Mr. Suvankar Das, Advs...for decree holder.

Mr. Saunak Sengupta, Ms. Mandeep Kaur, Advs...for judgment debtor.

The Court : - One Mr. Sudip Prasad Sinha, who affirmed the affidavit of assets

dated 28.6.2017 is present before this court for examination. It is found from the

records that first affidavit of assets was filed on 28.6.2017 and supplementary affidavit

of assets was filed on 30.8.2017 by one constituted attorney, Mr. Aniruddha Kumar

Sinha.

During examination of Mr. Sudip Prasad Sinha it is found that he is not in a

position to answer to the questions put to him on behalf of the decree holder relating to

the assets of the judgment debtor Company.

It is submitted on behalf of the decree holder that in this predicament Directors

of the Company be asked to remain present before this court for examination.

It is a case between two Companies and it is needless to mention that Company

is represented by Directors. It is disclosed by the witness present today that Directors of

the Company are Mr. Sanjiv Nandan Sahaya and Mrs. Pammi Sahaya.

In the facts and circumstances, I find no reason to proceed with the examination

of any constituted attorney or authorised agent, Mr. Sudip Prasad Sinha, who is unable

to answer any question regarding assets of the Company and it would be appropriate to

direct both the Directors, namely, Mr. Sanjiv Nandan Sahaya and Mrs. Pammi Sahaya

to appear before this court for examination for effective disposal of this execution case.

Let the matter appear on 16th March, 2023, when both the Directors named

above shall remain present before this court for examination.

Learned advocate appearing on behalf of the judgment debtor is directed to do

the needful.

(BIBHAS RANJAN DE, J.)

Pkd.