M/S Ghose Estates vs Debsons Private Limited
2024 Latest Caselaw 277 Cal/2

Calcutta High Court

M/S Ghose Estates vs Debsons Private Limited on 25 January, 2024

OD-13

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

                               EC/84/2023

                         M/S GHOSE ESTATES
                                 VS
                       DEBSONS PRIVATE LIMITED


  BEFORE:
  The Hon'ble JUSTICE APURBA SINHA RAY

Date : 25th January, 2024.

Appearance:

Mr. Anurima Laha Sengupta, Adv.

Mr. Deva Nand Misra, Adv.

Mr. Prashant Kumar Singh, Adv.

...for the decree-holder

Mr. Debdut Mukherjee, Adv.

Mr. Gaurab Kr. Das, Adv.

Mr. Nikunj Berlia, Adv.

Ms. S. Bose, Adv.

...for one of the director of judgment-debtor

The Court: Learned Counsel appearing on behalf of Ms. Sharmistha

Chaudhuri, one of the directors of the judgment-debtor company has sought

for an accommodation due to medical reasons.

Learned Counsel has further submitted that out of four directors of the

said company, one director namely, Mr. Subir Majumdar has passed away.

Learned Counsel has also submitted that he has no objection if the

instant execution proceeding is proceeded against other directors of the

company.

Learned Counsel appearing on behalf of the decree-holder has submitted

that only one director out of four directors, that is, Ms. Sharmistha Chaudhuri

has submitted affidavit of assets. Another director, Mr. Subir Majumdar has

passed away. The other two directors of the judgment-debtor company namely,

Ms. Sushila Ramamoorthy and Ms. Priya Soni did not submit affidavit of assets

in spite of direction from this Court. And as such learned Counsel has prayed

for issuance of warrants of arrest against the said two directors namely, Ms.

Sushila Ramamoorthy and Ms. Priya Soni in terms of prayers (c) of the Tabular

Statement.

After going through the materials on record, it appears that the said two

directors namely, Ms. Sushila Ramamoorthy and Ms. Priya Soni did not file

affidavit of assets in spite of direction. Issue warrants of arrest against the said

directors. Requisite at once.

List this matter on 23rd February, 2024 under the same heading at 2:00

P.M.

(APURBA SINHA RAY, J.)

S.Bag