Utkarsh India Limited vs Ankur Kumar Mishra
2025 Latest Caselaw 1053 Cal/2

Calcutta High Court

Utkarsh India Limited vs Ankur Kumar Mishra on 11 August, 2025

OCD-8
                              ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                          COMMERCIAL DIVISION
                              ORIGINAL SIDE

                            EC-COM/126/2024
                          IA NO: GA-COM/1/2025

                          UTKARSH INDIA LIMITED
                                   VS
                          ANKUR KUMAR MISHRA


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : 11th August, 2025.
                                                                      Appearance:
                                                           Mr. Rupak Ghosh, Adv.
                                                    Mr. Souryadeep Banerjee, Adv.
                                                          Mr. Dwip Raj Basu, Adv.
                                                           ... for the decree-holder

                                               Mr. Ankur Kumar Mishra (in person)
                                                          Mr. Dyutimoy Paul, Adv.
                                                         ...for the judgment-debtor


1.

The judgment debtor is present in person.

2. Mr. Dyutimoy Paul, learned Counsel is appearing for the judgment debtor

and submits that he has been instructed by Mr. Arun Kumar Upadhyay,

Advocate on record in this matter to submit on behalf of the judgment

debtor.

3. The decree-holder has filed an application being GA-COM/1/2025 praying

for sending the judgment debtor in civil prison for non-payment of the

decretal amount.

4. Counsel for the decree-holder submits that during the examination of the

judgment debtor, the judgment debtor has admitted that he has

withdrawn several amounts even during existence of the interim order

passed by this Court.

5. He further submits the he has not disclosed the proper affidavit of assets

to ascertain the total assets of the judgment debtor.

6. This Court perused the affidavit of assets filed by the judgment debtor and

finds that the affidavit of assets filed by the judgment debtor is not in

terms of Form 16A (Affidavit of assets to be made by the judgment debtor

under Order XXI, Rule 41, Sub-clause (2) of the CPC).

7. Considering the submissions made by the Counsel for the parties as well

as the judgment debtor, the judgment debtor is directed to file the affidavit

of assets in terms of Form 16A with an affidavit containing the statement

that the affidavit furnished by the judgment debtor are true and correct

and he has not concealed anything.

8. Let the affidavit be filed by 19th August, 2025 after serving the copy to the

learned Advocate for the decree-holder.

9. List the matter on 20th August, 2025 under the heading "Execution Cases"

at the top.

10. In the meantime, the judgment debtor is liberty to file the affidavit in

opposition in connection with GA-COM/1/2025 after serving the copy to

the learned Advocate for the decree-holder.

11. It is also made clear that if the judgment debtor is intending to give any

proposal, he can file a separate affidavit with the proposal, if any, by 20th

August, 2025.

(KRISHNA RAO, J.)

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