Citation : 2025 Latest Caselaw 1214 Cal/2
Judgement Date : 14 February, 2025
OD-5
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC-COM/519/2024
BHANWARI LAL JAIN
VS.
RKD INFRASTRUCTURE PVT. LTD.
BEFORE:
The Hon'ble JUSTICE PARTHA SARATHI SEN
Date : 14th February, 2025
Appearance:
Mr. Kumarjit Banerjee, Adv.(VC) Ms. Sanchari Chakroborty, Adv.
Ms. Akansha Chowdhury, Adv.
...for the decree-holder
The Court: Mr. Banerjee, learned Senior Counsel duly assisted by Ms.
Chowdhury, learned counsel appearing on behalf of the decree-holder at the
very outset draws attention of this Court to the judgment and decree dated
10th June, 2024, as passed by the Learned Trial Court, which is sought to
be executed by filing the instant execution case.
2. It reveals from the said judgment and decree that the decretal
amount is Rs.23,60,000/- together with interest @10 per cent per annum
from 19th August, 2023, till actual payment.
3. It reveals further in column no.10 of the tabular statement, the
decretal amount has been correctly quoted.
4. Mr. Banerjee submits before this Court that for the time being
an appropriate order may be issued against the judgment-debtors in terms
of Clause (b) of column no.10 of the tabular statement.
5. It appears that the prayer made by the decree-holder is
innocuous one.
6. In view of such, the judgment-debtor of the instant execution
case is hereby directed to file an affidavit in Form No.16-A of Appendix-E of
the Code of Civil Procedure, disclosing its assets and properties, positively
on the adjourned date, i.e., 7th March, 2025, on which day the instant
matter will be listed under the same heading.
7. Liberty is given to the petitioner to communicate the server copy
of this order to the judgment-debtor by speed post.
8. The petitioner is further directed to file affidavit of service on the
adjourned date.
(PARTHA SARATHI SEN, J.)
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