Smifs Ltd vs Castle Distribution Pvt Ltd
2023 Latest Caselaw 1388 Cal/2

OCD-32
                                 ORDER SHEET

                                  EC/231/2022

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

                                 SMIFS LTD
                                    -VS-
                        CASTLE DISTRIBUTION PVT LTD

  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : June 16, 2023.

Appearance Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Ms. Sonia Mukherjee, Adv.

...for the award-holder

Ms. Arunima Lala, Adv.

Mr. Triptimoy Talukder, Adv.

Mr. Diptomoy Talukder, Adv.

...for the judgment-debtor

The Court: Pursuant to the examination of the Director of the

judgment-debtor, it appears that 3933 shares of Balarampur Chinni Mills are

presently unencumbered. The shares also appear at paragraph 7 of the

affidavit-of-assets filed on behalf of the award-debtor.

The petitioner's claim of Rs.1.56 crore relates to brokerage services

rendered by the petitioner to the judgment-debtor. The petitioner has not

been paid any amount with regard to the claim.

There shall, hence, be an order appointing Anita Kundu (Podder),

Advocate as Special Officer to take custody of the 3933 shares of Balarampur

Chinni Mills. The petitioner shall pay the remuneration of Rs. 60,000/- at the

first instance to the Special Officer.

The Special Officer shall file a Report pursuant to the direction

made after three weeks.

List this matter on 14th July, 2023.

The judgment-debtor shall also produce the audited accounts of the

last five years of the judgment-debtor as well as the bank statements for the

last five years. The judgment-debtor shall also produce pledge documents of

the property tabulated in paragraph 6 of the affidavit-of-assets.

(MOUSHUMI BHATTACHARYA, J.)

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