Narayan Prasad Saraff And Ors vs Ashok Kumar Saraff & Anr
2023 Latest Caselaw 3059 Cal/2

OD-40

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

                                EC/328/2018

                    NARAYAN PRASAD SARAFF AND ORS
                                 VS
                      ASHOK KUMAR SARAFF & ANR


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 18th October, 2023.

Appearance:

Mr. Sayak Mitra, Adv.

Ms. A. Chowdhury, Adv.

The Court: It is submitted on behalf of the decree-holder that despite

attempts they were unable to serve the judgment-debtor no. 2. However, the

judgment-debtor no.2 is represented. The judgment-debtor no. 1 is also

present.

By an award dated 2nd April, 2018, the judgment-debtor no. 1 was

directed to pay a sum of Rs.5,43,316.30/- and the judgment-debtor no. 2

was directed to pay a sum of Rs.4,05,683.95/- respectively.

It is submitted on behalf of the decree-holder that no portion of the

decretal dues have been satisfied till date. Admittedly, an Affidavit of Assets

has been filed on behalf of both the judgment-debtor nos. 1 and 2.

In such circumstances, both the judgment-debtors are directed to be

present for examination on 23rd November, 2023.

In the meantime, there shall be an order of injunction to the extent of

the decretal dues restraining both the judgment debtors from operating any

of their bank account, details whereof appear from their respective Affidavit

of Assets.

The judgment-debtor no. 1 is also directed to effect sale of all the

shares in his name and provide an account thereof to the decree-holder

forthwith.

Let this matter appear on 6th December, 2023.

(RAVI KRISHAN KAPUR, J.)

S.Bag