Dhruv Surana vs Surendra Singh Bengani
2024 Latest Caselaw 2885 Cal/2

Calcutta High Court

Dhruv Surana vs Surendra Singh Bengani on 10 September, 2024

OD-7                            ORDER SHEET

                            EC/40/2024
                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                           ORIGINAL SIDE


                             DHRUV SURANA
                                  VS.
                         SURENDRA SINGH BENGANI


BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK

Date: 10th September, 2024.

Mr. Tamaghna Saha, Mr. Abhimonyu Roy, Advocates for the decree holder.

Mr. Virendra Singh Bengani, Adv. for judgment debtor.

The Court : Mr. Tamaghna Saha, learned Advocate for the decree

holder submits that as per the decree passed by this Hon'ble Court the

decree holder is entitled to an amount of Rs.69,38,060.70 including

interest. In order to secure such decretal amount, he prays for an order of

injunction restraining the judgment debtor from operating its bank account

appearing at paragraph 14 of the affidavit without leaving apart a sum of

Rs.69,38,060.70. He also submits that direction be issued upon the

judgment debtor to file affidavit disclosing the assets and properties, both

movable and immovable. He seeks for order in terms of prayers (c) and (f) of

the Tabular Statement.

Mr. Virendra Singh Bengani, learned advocate for judgment debtor

seeks accommodation to file affidavit of assets.

It is the categorical case of the decree holder that after passing of the

decree the judgment debtor has failed and neglected to make payment of the

decretal dues along with accrued interest.

Bearing in mind the aforesaid and for securing the decretal amount

and the interest thereon, the judgment debtor is restrained from operating

its bank account, more fully described in paragraph 14 of the affidavit at

Vijaya Bank, N.S. Road Branch being Account No.721801077003342

without leaving apart a sum of Rs. 69,38,060.70 until further orders.

The judgment debtor is further directed to file affidavit of assets by

the returnable date.

Let there be orders in terms of prayer (c) and (f) of the Tabular

Statement.

List this matter on 11th November, 2024.

(BIVAS PATTANAYAK, J.)

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