Veikle Grain Ltd vs Vijaywargi Pulses And Grains ...
2023 Latest Caselaw 2908 Cal/2

OD - 33

                              ORDER SHEET
                    IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Jurisdiction
                             ORIGINAL SIDE

                              EC/113/2019

                          VEIKLE GRAIN LTD.
                                 VS
            VIJAYWARGI PULSES AND GRAINS AGENCY PVT. LTD.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 11th October, 2023.

Appearance:

Ms. N. Banerjee, Adv.

... for award holder.

Mr. U. Garodia, Adv.

Mr. Pintu Ghosh, Adv.

... for judgment debtor.

The Court : The judgment debtor is represented and prays for an

adjournment. The matter has appeared under the heading "Examination of

Judgment Debtors" and the judgment debtor is not present. In view of the

conduct of the judgment debtor in procrastinating the hearing of this

application, the non-compliance with the orders of Court, the prayer for

adjournment is considered and rejected.

This is an application for execution of a decree dated 15 July, 2014.

By and under the decree, the judgment debtor has been directed to pay an

aggregate sum of US$ 229,484.46 which is equivalent to approximately Rs.

2 crores.

The execution application has been heard on different occasions. By

an order dated 13 July, 2023, the judgment debtor was directed to furnish

security of the entire decretal dues. There has been no compliance with the

said direction. No portion of the decree has been satisfied till date. It also

transpires from the orders passed by the Court that judgment debtors have

inordinately delayed in filing the Affidavit of Assets. It also appears from the

Affidavit of Assets that the judgment debtor is operating a bank account

with the HDFC bank at Park Street Branch bearing Account no.

06938630000172. Para 10 of the affidavit of assets also shows certain

tangible assets of the judgment debtor which are lying at the office premises

of the judgment debtor. In view of the repeated non-compliance with the

orders of Court, the conduct of the judgment debtor is not being present for

examination and the staggering amount of decretal dues. Mr. Partha Sarathi

Basu, Advocate is appointed as Special Officer to take actual physical

possession of all the tangible assets of the judgment debtor particulars

whereof appear at paragraph 10 of the Affidavit of Assets.

The Receiver is also directed to prepare an inventory of the assets,

particulars whereof appears from Note of the Balance Sheet dated 31 March,

2023 appearing at page 27 of the Income Tax Returns filed by the judgement

debtor and take symbolic possession of the same. The Receiver shall be paid

an initial remuneration of 2000 gms at the first instance payable by the

award holder and file a Report on the returnable date.

The judgment debtor is also directed to produce the particulars all the

related transactions with the directors of the company namely Dharmendra

Vijaywargi and Ratna Vijaywargi whereby huge sums have been transferred

to the said two individuals from the judgment debtor company.

Let this matter appear on 18 October, 2023 under the heading "For

Examination of Judgment Debtor".

The directors of the judgment debtor are decreted to be present for

examination on the returnable date. The judgment debtor is also directed to

be present on the returnable date. In default of appearance, appropriate

orders for warrant of arrest would be issued against the directors of the

judgment debtor.

(RAVI KRISHAN KAPUR, J.)

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