Eskay Brothers Steels Limited vs Ajay Jaiswal
2025 Latest Caselaw 2211 Cal/2

Calcutta High Court

Eskay Brothers Steels Limited vs Ajay Jaiswal on 17 April, 2025

OD-9
                              ORDER SHEET

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

                              EC/364/2018
                             IN CS/134/2017
                            IA NO: GA/1/2023

                   ESKAY BROTHERS STEELS LIMITED
                               -VS-
                           AJAY JAISWAL


BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY

Date: April 17, 2025.

Appearance:

Mr. Arnab Chakraborty, Adv.

Ms. Pragya Bhowmick, Adv.

Mr. S. Chakraborty, Adv.

...for decree-holder

Mr. Niladri Banerjee, Adv.

...for judgment-debtor

Ms. Amrita Pandey, Adv.

Ms. Sneha Singh, Adv.

...for the intervenor/Co-owners

The Court:- Learned Advocate for the petitioner/decree holder,

learned Advocate for the Judgment debtor and learned Advocate for the

intervenor/Co-owners are present.

Heard learned Advocates.

It appears that although by an order dated 7th October, 2024 there

was a direction upon the intervenor and the intervenor was granted leave to

file undertaking with a copy to the learned Advocate for the decree holder,

but learned Advocate for the decree holder/petitioner submits that

pursuant to payment of Rs. 3.00 lakhs, no further payment was made by

the intervenor to the judgment debtor.

In the facts and circumstances, let this matter be fixed for

examination of the judgment debtor on 1st May, 2025.

The judgment debtor and sole intervenor is granted leave to take

necessary steps in the meantime with regard to liquidation of the decretal

due. As learned Advocate submits that the intervenor has misled the Court

and obtained order, this Court does not intend to make further

observations but the decree holder is at liberty to take steps in accordance

with law by filing necessary applications.

(BISWAROOP CHOWDHURY, J.)

DB