Tradecom Private Limited) And Anr vs Samiran Gain
2024 Latest Caselaw 1586 Cal/2

Calcutta High Court

Tradecom Private Limited) And Anr vs Samiran Gain on 1 May, 2024

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OCD-20
Wt21, wt22 & OD-36


                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

                            EC/61/2023
                       IA NO: GA-COM/1/2023
      CELICA MOTOCORP PRIVATE LIMITED (FORMERLY KNOWN AS D. J.
                TRADECOM PRIVATE LIMITED) AND ANR.
                                 VS
                           SAMIRAN GAIN


                          CC-COM/3/2024
     CELICA MOTORCORP PRIVATE LIMITED (FORMERLY KNOWN AS D. J.
                TRADECOM PRIVATE LIMITED) AND ANR.
                                VS
                           SAMIRAN GAIN

                              AP-COM/31/2024
                               SAMIRAN GAIN
                                    VS
                     CELICA MOTOCORP PVT LTD AND ANR.

                            CC/114/2023
       CELICA MOTOCORP PVT LTD (D J TRADECOM PVT LTD) AND ANR.
                                 VS
                           SAMIRAN GAIN
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 1st May, 2024.

Appearance:

Mr. Paritosh Sinha, Adv.

Ms. S. Das, Adv.

Mr. Himangsu Bhowsingka, Adv.

Mr. Rohan Kumar Thakur, Adv.

...for the decree-holders.

Mr. Shuvasish Sengupta, Adv.

Mr. Soumya Ray, Adv.

Ms. Anwesha Saha, Adv.

Mr. Abrajit Raychowdhury, Adv.

...for the judgment-debtor.

The Court: A supplementary affidavit filed on behalf of the decree-holders be

kept with the records.

Liberty is granted to the judgment-debtor to file a Reply, if so advised.

This is an application for execution of a decree dated 10 August, 2022 for an

aggregate amount of Rs.85,10,356.16. Obviously, the interest component on this

amount has increased during the pendency of this proceeding.

Diverse orders have been passed from time to time. There is also a restraint

insofar as three immovable properties of the judgment-debtor are concerned. By

an order dated 22 August, 2023 a Receiver had also been appointed in respect of

the premises which allegedly belong to the judgment-debtor.

During the pendency of this application proceeding, the judgment-debtor

has paid an aggregate amount of Rs.40 lakhs till date. There remains a huge

amount still outstanding. The judgment-debtor has offered that one of the

properties of the judgment-debtor be sold in order to liquidate the remaining

decretal dues. Despite repeated opportunities, being granted to the judgment-

debtor, no firm proposal for sale of any one of the properties has been furnished

till date. Significantly, none of the title deeds nor documents of title of any of the

properties have been made available to the Receiver.

The judgment-debtor is also, prima facie, in violation of orders of Court.

On the basis of the submissions made by the judgment-debtor, liberty is

granted to the judgment-debtor to file a Supplementary Affidavit disclosing the

mode and manner in which the sale of any one of the properties be conducted in

order to expeditiously liquidate the dues of the decree-holder. The judgment-

debtor shall also annexed all title deeds in respect of the aforesaid properties,

particulars whereof are mentioned in the Affidavit of Assets.

As prayed for by the judgment-debtors, let all these matters appear on 10

May, 2024.

The aforesaid directions are peremptory in nature.

(RAVI KRISHAN KAPUR, J.)

s.pal