Citation : 2025 Latest Caselaw 1533 Cal/2
Judgement Date : 19 August, 2025
OCD- 5 to 9
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
EC/319/2021
THE BOARD OF MAJOR PORT AUTHORITIY FOR SYAMA PRASAD
MOOKHRTJEE PORT, KOLKATA
VS
LMJ SHIPPING PVT. LTD.
AND
EC/320/2021
THE BOARD OF MAJOR PORT AUTHORITIY FOR SYAMA PRASAD
MOOKHRTJEE PORT, KOLKATA
VS
LMJ SHIPPING PVT. LTD.
AND
EC/321/2021
THE BOARD OF MAJOR PORT AUTHORITIY FOR SYAMA PRASAD
MOOKHRTJEE PORT, KOLKATA
VS
LMJ SHIPPING PVT. LTD.
AND
EC/322/2021
THE BOARD OF MAJOR PORT AUTHORITIY FOR SYAMA PRASAD
MOOKHRTJEE PORT, KOLKATA
VS
LMJ SHIPPING PVT. LTD.
AND
EC/324/2021
THE BOARD OF MAJOR PORT AUTHORITIY FOR SYAMA PRASAD
MOOKHRTJEE PORT, KOLKATA
VS
LMJ SHIPPING PVT. LTD.
2
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: August 19, 2025.
Appearance:
Mr. Subhankar Nag, Adv.
Mr. Ashok Kumar Jena, Adv.
... for the award-holder
Mr. Nirmalya Dasgupta, Adv.
... for the judgment-debtor in EC/319/2021
Ms. Rashhmi Singhee, Adv.
...for the judgment-debtor in EC/320/2021, EC/321/2021,
EC/322/2021 & EC/324/2021
1.
In terms of the order passed by this Court dated 22nd July, 2025 Mr.
Pankaj Kumar Jain being one of the principal officer of the Judgment
Debtor has filed the affidavit. This Court finds that the affidavit filed by
the Judgment Debtor is not in accordance with Form No. 16A of Order
XXI Rule 41(2) of the CPC and accordingly, Mr. Pankaj Kumar Jain is
directed to file a fresh affidavit in Form 16A of Order XXI Rule 41(2) of
the CPC within a period of one week from date after serving the copy to
the Learned Counsel for the Decree Holder.
2. Counsel for the Decree Holder submits that Mr. Pankaj Kumar Jain has
suppressed several things and there are other several persons involved
in the company and by an order dated 10th June, 2022, this Court has
also directed Mr. Navneet Jain to file affidavit of assets but no affidavit
of assets has been filed.
3. If any of the persons has not complied with the order passed by this
Court, the petitioner is at liberty to take appropriate steps on the next
date fixed.
4. Let the matter appear on 3rd September, 2025.
(KRISHNA RAO, J.)
DB
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