Citation : 2025 Latest Caselaw 2265 Cal/2
Judgement Date : 24 April, 2025
OIPD-5
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
(Intellectual Property Rights Division)
EC/113/2019
IA NO: GA/2/2024
VEIKLE GRAIN LTD.
VS
VIJAYWARGI PULSES AND GRAINS AGENCY PVT. LTD.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 24th April, 2025.
Appearance:
Mr. Mainak Bose, Sr. Adv.
Ms. Noelle Banerjee, Adv.
Ms. Debdatta Ray Chaudhury, Adv.
...for the award-holder
Mr. Saham Sen, Adv.
Mr. Pintu Ghosh, Adv.
...for the judgment-debtor
Mr. Sakya Sen,Adv.
Mr. Bhaskar Mukherjee, Adv.
Mr. D. Dutta, Adv.
...for the HDFC Bank
The Court: This is an application for enforcement of an award dated 15th
July, 2014. The award is in excess of Rs.2 crores and remains unsatisfied till
date.
It is submitted on behalf of one of the directors of the award-debtor that
a property being premises no. at 42/203 New Ballygung Road, Kolkata-700039
which is approximately worth of Rs.50 lakhs can be sold in satisfaction of the
dues of the award debtor. The premises is owned by the wife of the director of
the award debtor and he is duly authorized to make such submissions.
In view of the submissions made on behalf of the award-debtor and
without prejudice to the rights and contentions Mr. Rabindra Kumar Mitra, a
member of the Bar Library Club is appointed as a Special Officer to visit the
above premises and file a Report as to the status of the above premises on or
before the returnable date. The remuneration of the Special Officer is fixed at
2000 gms. This is to be shared equally by both the parties.
The HDFC Bank is represented and is directed to file an affidavit as to
the exact dues which are payable by the award-holder.
It is submitted on behalf of the award-holder that there are no
encumbrances nor third party rights in respect of the above premises.
In such circumstances, the Special Officer is also directed to take
symbolic possession of the above premises.
Let this matter appear on 1st May, 2025.
(RAVI KRISHAN KAPUR, J.)
S.Bag
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