Calcutta High Court
Abv Private Limited And Another vs Manish Duggar on 17 September, 2024
ORDER SHEET
OCD-2
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL JURISDICTION
ORIGINAL SIDE
[COMMERCIAL DIVISION]
IA No. GA-COM/1/2024
In
EC-COM/280/2024
ABV PRIVATE LIMITED AND ANOTHER
VERSUS
MANISH DUGGAR
BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK
Date: 17th September, 2024.
Appearance:
Mr. Soumabho Ghose, Adv.
Ms. Tiana Bhattacharya, Adv.
Mr. Soumitra Datta, Adv.
For the petitioner.
Mrs. Manju Agarwal, Adv.
Mr. Rohit Banerjee, Adv.
For the judgment debtor.
The Court :- This is an application seeking for an order for release of 10
lakhs deposited by the judgment debtor along with other reliefs including prayer
for appointment of Receiver and injunction restraining the judgment debtor and
his men, agents and assigns mortgagees and charge-holders from dealing with
and/or transferring, encumbering with the certain properties.
Mr. Soumabho Ghose, learned Advocate appearing for the decree-holder,
submits that in the affidavit of assets the judgment debtor has disclosed two
immovable properties namely one lying at Block-C, 14/15 Bangur Avenue, 1 st
Floor, Kolkata 700 055 and another property situated at 145 Bangur Avenue,
Kolkata 700 055. However, during his examination it has come to fore that the
S.K. Advertising Company Private Limited, of which the judgment debtor is one of
the Directors, also had properties comprised within 6, Lyons Range and 7,
Swallow Lane. As such a Receiver be appointed to cause inventory in the
aforesaid properties as well as an order of injunction be passed restraining the
judgment debtor and his men and agents from creating any third party interest
over the said properties. He seeks for orders in terms of prayers (d) and (e) of the
Master's Summons.
On the contrary, opposing the prayer of interim order of the decree holder,
Ms. Manju Agarwal, learned Advocate appearing for the judgment debtor,
submits that as per deposition of the judgment debtor the property within 7,
Swallow Lane is a rented property. So far as the property within 6, Lyons Range
is concerned, that belongs to S.K. Advertising & Company Private Limited and is
not owned by the judgment debtor and moreover the said property has been
mortgaged with the Bank. She seeks to file affidavit-in-opposition to the
application of the decree holder.
Upon perusal of the deposition of the witness, Manish Duggar, it appears
that the property within 6, Lyons Range is owned by S.K. Advertising & Company
Private Limited. The company information at page 42/43 of the application shows
that Manish Kumar Duggar, judgment debtor is one of the Directors of S.K.
Advertising & Company Private Limited. The said property has not been disclosed
in the affidavit of assets.
In view of the above, the judgment debtor and his men and agents are
restrained from creating any third party interest in respect of the property within
6, Lyons Range till 22nd November, 2024 or until further orders whichever is
earlier.
So far as the property comprised within 7, Swallow Lane is concerned, it
has been deposed by the judgment debtor that it is a rented property.
Accordingly, this Court is not inclined to pass any order of injunction in respect
of such property at this stage.
With regard to prayer for appointment of Receiver pressed on behalf of the
decree holder-petitioner, the same may be considered at a later stage, if required.
Mr. Soumabho Ghose, learned Advocate for the decree-holder, seeks leave
to serve the copy of the application upon Axis Bank and Muthoot Finance
Limited, being the secured creditors of judgment debtor.
Leave granted.
The judgment debtor is directed to file affidavit-in-opposition to the
application within 1st October, 2024. Affidavit-in-reply thereto, if any, be filed
within 11th November, 2024.
List this matter on 12th November, 2024.
(BIVAS PATTANAYAK, J.)
snn.
