Citation : 2023 Latest Caselaw 1321 Cal/2
Judgement Date : 9 June, 2023
OD-5
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/229/2015
MANOJ KUMAR TODI
VS
M/S BICHITRA & ORS.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 9th June, 2023 Appearance:
Mr. Dhiraj Trivedi, Adv.
Mr. Pankaj Lodia, Adv.
Mr. Bikash Kumar Singh, Adv.
Mr.Tamoghna Saha, Adv.
Mr. A. Mitra, Adv.
Mr. M. Agarwal, Adv.
The Court:- This is an application for execution of a decree dated 6th
February, 2013.
It is submitted on behalf of the decree-holder that the decree has become
final, binding and executable. There is no embargo in proceeding with this
application.
By the decree, the judgment debtor was directed to pay a sum of
Rs.1,27,25,391,897/- inclusive of interest as on 15th December, 2014.
Pursuant to orders of Court, the judgment debtors have filed an Affidavit of
Assets.
It is submitted on behalf of the decree holder that there are no worthwhile
asset mentioned in the said Affidavit of Assets. However, the decree-holder has
come to learn that a property situated at Howrah, belongs to the judgment
debtors.
In such circumstances, liberty is granted to the decree holder to file a
formal application seeking appropriate orders for satisfaction of the decree.
The judgment debtor no.2 is represented and seeks an adjournment.
Let the matter be adjourned for a week to enable the judgment debtor to
take instructions regarding payment of decretal amount.
In the meantime, there shall be an order in terms of prayers (i) and (j) of
the Tabular Statement.
Let this matter appear on 21st June, 2023 under the heading 'For Orders'.
(RAVI KRISHAN KAPUR, J.)
D.Ghosh
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