Citation : 2023 Latest Caselaw 2707 Cal/2
Judgement Date : 26 September, 2023
ODC-1
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
[Commercial Division]
EC/61/2023
CELICA MOTOCORP PRIVATE LIMITED (FORMERLY KNOWN AS D.
J. TRADECOM PRIVATE LIMITED) AND ANR.
VS
SAMIRAN GAIN
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 26th September, 2023.
Appearance:
Mr. Paritosh Sinha, Adv.
Ms. Shrayashee Das, Adv.
Mr. Himanshu Bhawsinghka, Adv.
Mr. Rohan Kumar Thakur, Adv.
...for decree holder.
Mr. Soumya Ray, Adv.
Ms. Anwesha Saha, Adv.
...for the judgment-debtor.
The Court : Prima facie it appears that the judgment debtor is in violation of
the earlier orders of Court. There has been no compliance with any of the earlier
directions for payment.
By an order dated 22 August, 2023, a Receiver had been appointed in
respect of immovable properties belong to the award debtor particulars whereof
appear from the Tabular Statement.
In view of the non-compliance with the earlier directions of Court and the
failure of the judgment debtor to pay the decretal dues, the Receiver is directed to
take steps for sale of the properties of the award debtor and file a valuation Report
in respect thereof and also take all other preliminary step for sale.
Let such Report be filed within a week from date.
The expenses to be incurred for conducting a valuation and any other
incidental steps are to be borne at the first instance by the decree holder.
Let this matter appear on 10 October, 2023.
(RAVI KRISHAN KAPUR, J.)
SK.
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