Utkarsh India Limited vs Aparajita Enterprises & Anr
2024 Latest Caselaw 2846 Cal/2

Calcutta High Court

Utkarsh India Limited vs Aparajita Enterprises & Anr on 5 September, 2024

OCD-1                          ORDER SHEET


                             EC-COM/312/2024

                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                       (COMMERCIAL DIVISION)


                        UTKARSH INDIA LIMITED
                                  VS.
                     APARAJITA ENTERPRISES & ANR.


BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK

Date: 5th September, 2024.

Mr. Ayan Dutta, Mr. Dwip Raj Basu, Advocates for decree holder.

The Court : This is an application for execution of decree dated 1st

February, 2024 in respect of the decretal sum of Rs.40,00,000/-.

Mr. Ayan Dutta, learned Advocate for the decree holder submits that

in the suit the proposal of the defendants to pay a sum of Rs.40,00,000/-

was accepted by the plaintiff. However, since such amount was not paid,

automatically a decree was passed in respect of such amount. After passing

of the decree such amount has not been paid as yet. He seeks for a direction

for filing of affidavit of assets by the judgment debtors as well as an order of

injunction in terms of prayers (c) and (f) of Column 10 of the Tabular

Statement.

The following order was passed vide order dated 1st February, 2024 :

"In view of the chequered history as aforesaid, no further opportunity is required to be given to the defendants. The original order dated 5 th

December, 2022 revives. There shall be an automatic decree for the said sum of Rs.40,00,000/-. The department shall draw up the decree as expeditiously as possible. The suit is, however, kept pending for balance claim, if any, of the plaintiff."

It is categorically stated in the application that the judgment debtors

have failed to make payment of decretal dues despite being aware of passing

of the decree.

In view of the above, the judgment debtors are restrained from

withdrawing any money from the bank account being Account

No.3041005500280998 of Punjab National Bank, East Gandhi Maidan,

Patna (Bihar) - 800 001 including bank accounts connected to PAN

No.AARFA7486R without keeping apart a sum of Rs.40,00,000/- until

further orders.

Issue notice upon the judgment debtors.

List this matter on 3rd October, 2024.

(BIVAS PATTANAYAK, J.)

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