Tci Finance Limited vs Godavari Commercial Services Private ...
2025 Latest Caselaw 1143 Cal/2

Calcutta High Court

Tci Finance Limited vs Godavari Commercial Services Private ... on 6 February, 2025

                                     1


                                                                          OD-4

                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                                EC/288/2020
                                 GA/1/2021

                          TCI FINANCE LIMITED
                                  -VS-
           GODAVARI COMMERCIAL SERVICES PRIVATE LIMITED & ORS.


BEFORE:
The Hon'ble JUSTICE PARTHA SARATHI SEN

Date : 6th February, 2025.

Appearance:

Mr. Ankan Rai, Adv.

Mr. Ratnesh Kr. Rai, Adv.

Ms. Sakshi Kejriwal, Adv.

For the decree-holder.

THE COURT:- On perusal of the entire papers as placed

before this Court, it appears to this Court that GA/1/2021 is

basically an application under Section 47 of the Code of Civil

Procedure, whereby and whereunder the judgment debtors have

raised the question of executability of the compromise decree as

passed on 14th March, 2017 in connection with CS/256/2016.

It is made known to this Court that exchange of affidavits

between the parties is complete with regard to GA/1/2021 and

these affidavits have already been taken on record.

On behalf of the judgment-debtor an accommodation has

been sought for.

Prayer for accommodation is opposed on behalf of the

decree-holder. It is submitted that the judgment-debtors have

miserably failed and neglected to comply with the terms of the

settlement of the compromise decree for which the instant

execution case has been filed and there is urgent necessity for

protecting the interest of the decree-holder by passing an

appropriate order. Learned Counsel appearing on behalf of the

decree-holder requests this Court to pass appropriate order in

terms of the prayer as made in Column 10 of the Tabular

Statement of the execution case.

On perusal of the entire materials as placed before this

Court and after giving due consideration over the submissions of

the learned Advocates for the contending parties, this Court is

inclined to allow the prayer for adjournment. Let the matter be

listed on February 27, 2025 under the same heading.

In order to secure the interest of the decree-holder, let

there be an order of injunction upon the judgment debtors from

dealing with and/or disposing of and/or alienating and/or

transferring and/or parting with the possession of their assets and

properties including the properties being 'HMP House', 4, Fairlie

Place, Kolkata - 700 001 and another immovable property being

'Aashirbad'- 21, Belvedere Road, Kolkata- 700 027 till the last day

of June, 2025 or till further order, whichever is earlier.

The judgment-debtors are further restrained by an order

of injunction from operating its Bank Account being Account No.

495601010033184 with Union Bank, Overseas Branch, IFSC -

UBIN0549568 in the name of Godavari Commercial Services (P)

Limited leaving apart a sum of Rs.23,75,56,305/- till the last day of

June, 2025 or till further order, whichever is earlier.

Liberty is given to the decree-holder to communicate the

server copy of this order to the Branch Manager of the aforesaid

Bank for doing his needful.

[PARTHA SARATHI SEN, J.]

dg/