Keventer Agro Limited vs Amit Kumar Dhara
2023 Latest Caselaw 857 Cal/2

OD-2

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

                                   EC/63/2013
                                      WITH
                                   CS/207/2012

                            KEVENTER AGRO LIMITED
                                     VS
                              AMIT KUMAR DHARA

  BEFORE:
  The Hon'ble JUSTICE BIVAS PATTANAYAK

Date : 31st March, 2023

Appearance:

Mr. Soumabho Ghosh, Adv.

Mr. D. Sen, Adv.

...for the decree-holder

Mr. Anirban Banerjee, Adv.

Ms. M. Chandra, Adv.

The Court :- The judgment-debtor files Affidavit of Assets. Mr. Soumabho

Ghosh, learned Advocate for decree-holder submits that the Affidavit of Assets

made by the judgment-debtor is not in consonance with Form-16A pertaining to

Order XXI Rule 41(2) of the Code of Civil Procedure. Therefore, the Affidavit of

Assets is not at all acceptable.

Mr. Anirban Banerjee, learned Advocate appearing on behalf of the

judgment-debtor seeks accommodation to submits fresh Affidavit of Assets.

Upon perusal of the Affidavit of Assets submitted by the judgment-debtor,

it is found that the same has not been made in the form as provided in the Code

of Civil Procedure being Form-16A [Order XXI Rule 41(2)]. That being the

position, the Affidavit of Assets is not acceptable. I find substance in the

submission of Mr. Ghosh in this regard.

However, liberty is granted to the judgment-debtor to file fresh Affidavit of

Assets in this regard.

The judgment-debtor, Amit Kumar Dhara is directed to remain present on

the date fixed.

Let the matter appear on 21st April, 2023.

Mr. Ghosh, learned Advocate for decree-holder undertakes that he shall

serve a copy of the execution application upon the Advocate-on-Record of the

judgment-debtor.

(BIVAS PATTANAYAK, J.)

TO/S.Bag