Amrita Engineering And Trading Company ... vs Malathi Aiyer
2024 Latest Caselaw 291 Cal/2

Calcutta High Court

Amrita Engineering And Trading Company ... vs Malathi Aiyer on 29 January, 2024

OD-4
                                 ORDER SHEET

                                  EC/240/2022

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


          AMRITA ENGINEERING AND TRADING COMPANY PVT. LTD.
                                VS
                           MALATHI AIYER


  BEFORE:
  The Hon'ble JUSTICE APURBA SINHA RAY
  Date : 29th January, 2024

                                                                          Appearance:
                                                               Ms. Reshmi Ghosh, Adv.
                                                        Mr. Soumya Sankar Chini, Adv.
                                                                ...for the decree-holder

                                                            Mr. Parashar Baidya, Adv.
                                                                      Mr. S. Patel, Adv.
                                                                 Mr. S. Banerjee, Adv.
                                                                   ..for the respondent

The Court:- The learned counsel for the decree-holder has submitted that

the affidavit of assets filed from the side of the judgment-debtor is not a correct

one and it contains some misguiding statements. She has further submitted

that the judgment-debtor has concealed the fact concerning amount of sale-

proceeds which the judgment-debtor has received by selling two immovable

properties during pendency of the proceedings.

The learned counsel for the judgment-debtor has submitted that his

client has submitted a true and correct affidavit of assets before this Court. He

has further submitted that the matter is pending before the Hon'ble Arbitrator

appointed by the Hon'ble High Court of Karnataka, Bengaluru.

The learned counsel for the judgment-debtor has sought for necessary

direction from this Court.

The learned counsel for the decree-holder has further submitted that the

judgment-debtor should produce documents regarding her income in view of

the relevant provisions under Appendix-E, No. 16A of the Code of Civil

Procedure.

In my view, whether the affidavit of assets is correct or incorrect one, the

judgment-debtor needs to be examined before this Court.

The judgment-debtor is to submit a supplementary affidavit containing

her latest income tax returns by 12th February, 2024.

List the matter under the heading "Examination of Judgment-debtor" on

13th February, 2024, at 2 PM.

The judgment-debtor is further directed to bring all other relevant

documents in support of her income on the date fixed.

(APURBA SINHA RAY, J.)

bp.