Calcutta High Court
Lifeline Vincom Private Limited vs Nil Kantha Saha on 14 February, 2025
OD-2
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC-COM/511/2024
LIFELINE VINCOM PRIVATE LIMITED
VS.
NIL KANTHA SAHA
BEFORE:
The Hon'ble JUSTICE PARTHA SARATHI SEN
Date : 14th February, 2025
Appearance:
Mr. Rohit Banerjee, Adv.
Ms. Kanchan Jaju, Adv.
...for the award-holder
The Court: At the very outset, learned counsel appearing on behalf of
the decree-holder draws attention of this Court to the certified copy of the
judgment and decree dated 9th August, 2024 and as modified on 2nd
September, 2024, as have been annexed with the instant execution
application.
2. Attention of this Court is drawn to the tabular statement as filed
with the instant execution application.
3. It is submitted that for securing the decretal amount, an
appropriate order of injunction may be passed against the judgment-debtor
from dealing with the properties and the bank accounts as mentioned in
paragraphs 8 and 9 of the instant execution application.
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4. In course of his submission, learned counsel appearing on
behalf of the decree-holder submits that the decree-holder has come to learn
that the two immovable properties, particulars of which have been
mentioned in paragraph 8 of the affidavit in support of the tabular
statement, is owned and possessed by the judgment-debtor.
5. It is further submitted that the decree-holder has further come
to learn that the judgment-debtor has two bank accounts with two different
banks, particulars of which have been mentioned in paragraph 9 of the
affidavit in support of the tabular statement.
6. It is submitted that in the event the injunction as prayed for is
not granted in respect of the properties as mentioned (supra), there is every
apprehension that the judgment-debtor may either dispose of the said
immovable properties or create third party interest therein.
7. It is the further apprehension of the decree-holder that in
absence of any order of injunction, the judgment-debtor may remove his
moneys as kept in his two bank accounts, particulars of which have been
mentioned in paragraph 9 of the affidavit in support of the tabular
statement.
8. From the judgment and decree as passed by the Trial Court, it
reveals that the learned Trial Court proceeded ex parte against the
judgment-debtor since despite service of summons, the judgment-debtor/
defendant chose not to appear in the said suit.
9. This Court considers that the decree-holder before this Court is
successful in making out a prima facie case for obtaining an order of
injunction, as prayed for.
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10. It also appears to this Court that so far balance of convenience
and inconvenience is concerned, convenience leans in favour of the decree-
holder.
11. This Court further opines that in the event the injunction as
prayed for is not granted, the decree-holder may suffer irreparable loss and
injury which cannot be compensated in terms of the money.
12. Accordingly, the prayer is allowed.
13. Let there be an injunction upon the respondent from dealing
with premises no. 161/1, Dakshindari Road, Ground Floor, Police Station :
Lake Town, Kolkata-700048 and 'Shwet Karabi' of premises no. 181/25,
Canal Street, Police Station : Lake Town, Kolkata-700048, in any manner
whatsoever and/or from transferring and/or alienating and/or creating any
third party interest over the said two immovable properties till disposal of
the instant execution case or till further order, whichever is earlier.
14. The judgment-debtor is further injuncted from dealing with his
two bank accounts, namely, A/c No. 3082030233 maintained with Central
Bank of India, Lake Town Sector-B, Kolkata Branch-700089 and Savings
Bank Account bearing no. 0865010051144 with Punjab National Bank,
Sreebhumi (North 24-Parganas) Branch, Kolkata-700048, keeping apart a
sum of Rs.14,65,000/- also till disposal of the injunction application.
15. It is further ordered that the Branch Manager of Central Bank of
India, Lake Town Sector-B, Kolkata Branch-700089 is directed to forward a
statement showing the current balance in account no. A/c No. 3082030233
to the learned Advocate-on-Record of the decree-holder within a fortnight
from today.
16. Similar direction is passed upon the Branch Manager of Punjab
National Bank, Sreebhumi (North 24-Parganas) Branch, Kolkata-700048 to
furnish the statement showing the current balance in account no.
0865010051144 also to the learned Advocate-on-Record of the decree-holder
within a fortnight from today.
17. Liberty is given to the learned Advocate-on-Record of the decree-
holder to communicate the server copy of this order to the Branch Managers
of the aforementioned two banks.
18. The Branch Managers of the aforesaid two banks, namely,
Central Bank of India, Lake Town Sector-B, Kolkata Branch-700089 and
Punjab National Bank, Sreebhumi (North 24-Parganas) Branch, Kolkata-
700048, are directed to act on the server copy of this order.
19. Liberty is given to the decree-holder to communicate the server
copy of this order together with a copy of the tabular statement and affidavit
in support of the same to the judgment-debtor by Speed Post and to file
affidavit-of-service on the adjourned date.
20. Let the matter be listed on March 21, 2025 under the same
heading.
(PARTHA SARATHI SEN, J.)
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