OCD-10
In The High Court at Calcutta
[Commercial Division]
Original Side
EC-COM/156/2025
AMIT NEWAR AND ANR.
VS
MOHAMMED ISLAM
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : December 16, 2025.
Appearance :
Mr. Krishnaraj Thaker, Sr. Adv.
Mr. Kanishk Kejriwal, Adv.
Mr. Ramendu Agarwal, Adv.
...for the decree holders
Mr. Abhishek Chakraborty, Adv.
Mr. Uttiyo Mallick, Adv.
...for the Joint Receivers.
Mr. Arik Banerjee, Adv.
Mr. Arijit Roy, Adv.
Ms. Shreyashi Maity, Adv.
...for the judgment debtor.
The Court :- Pursuant to the direction made by this Court on
November 26, 2025 the joint receivers have made the inventory.
On the prayer of joint receivers, consolidated report filed in Court
today is taken on record.
The joint receivers, in Court today with the leave of this Court have
circulated their report upon Mr. Arik Banerjee, learned Advocate appearing
for the judgment debtor and Mr. Ramendu Agarwal, learned Advocate
2
appearing for the decree holders/plaintiffs led by Mr. Krishnaraj Thaker,
learned Senior Advocate(V/C).
In the last order shows that there was a direction upon the judgment
debtor to deposit the sum of Rs.30,00,000/- before the Registrar, Original
Side on or before December 9, 2025. Deposit has not been made.
Mr. Arik Banerjee, learned Advocate appearing for the judgment
debtor submits that the affidavit of assets already on record would show
there are other assets which can be proceeded with. The balance lying at the
various bank accounts of the judgment debtor have also been indicated in
the last order dated November 26, 2025 showing the miserable financial
condition of the judgment debtor and immovable properties have been
described in paragraph 6 to the affidavit of assets. The registered valuation
whereof in the year 2014 was Rs.1,15,000/, as submitted by Mr. Krishnaraj
Thaker, learned Senior Advocate appearing for the decree holders.
To counter this submission, Mr. Arik Banerjee, learned Counsel
submits that the property now worth about Rs.15,00,000/-.
After considering the rival submission of the parties and considering
the conduct of the judgment debtor, just on equitable ground one
opportunity is granted to the judgment debtor to deposit the said sum of
Rs.30,00,000/- by December 22, 2025 with the learned Registrar, Original
Side. In the event of such deposit being made, he shall carry out the
direction already there in the order dated November 26, 2025.
Failing which the joint receivers shall go and take possession of the
Shop-Room No. G4, ground floor, Parijat building No. 24A, Shakespeare
EC-COM/156/2025
A.R., J.
Sarani, Kolkata - 700017 positively on December 23, 2025 and shall file
report on December 24, 2025 before this Court when the matter shall
appear under the heading "New Chamber Application".
Learned Advocate on record for the plaintiff shall serve a copy of this
order upon the jurisdictional police station who shall render all necessary
assistance to the joint receivers, in the event such assistance is sought for.
The direction for taking possession by the learned Joint Receivers is
an ad interim and temporary measure, since despite opportunity being
granted, the defendant has failed to show his bona fide by depositing the
amount with this Court.
It is also made clear in the event the deposit is made by December
22, 2025, as directed above, the joint receivers shall not take any step in
the matter until further.
Further remuneration of the joint receivers shall be considered on
the next day.
In the event, the defendant opposes the report filed by the receivers,
such submissions shall be considered in due course.
(ANIRUDDHA ROY, J.)
Sbghosh
EC-COM/156/2025
A.R., J.
