Calcutta High Court
Vicky Jewellery Works Private Liimited vs M/S Senco Jewellers Private Limited on 21 February, 2025
OD-4
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
(Commercial Division)
ORIGINAL SIDE
EC-COM/487/2024
VICKY JEWELLERY WORKS PRIVATE LIIMITED
VS
M/S SENCO JEWELLERS PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE PARTHA SARATHI SEN
Date : 21st February, 2025.
Appearance:
Mr. Sunil Kr. Singhania, Adv.
Ms. Kalpana Singhania, Adv.
...for the decree holder.
1.
At the time of hearing, the learned advocate for the decree holder at
the very outset draws attention of this Court to the certified copy of
the decree as filed in connection with instant execution application.
Attention of this Court is drawn to internal page 3 of the certified
copy of the decree as well as to the tabular statement as filed in
connection with the instant execution case.
2. Learned advocate for the decree holder further draws attention of
this Court to page 6 of the affidavit as has been filed in connection
with the instant execution application.
3. It is submitted that from paragraph 11 of the said affidavit it
reveals that the judgment debtor is carrying on its business at
different shops, particulars of which have been mentioned in pages
6 and 7 of the said affidavit. It is submitted further that in the
event, the judgment debtor disposes the said properties and/or
creates any third party interest over the said properties, there will
be nothing left for satisfaction of the decree. Learned advocate for
the decree holder thus prays for issuance of order of injunction
against the judgment debtor restraining them from disposing the
properties as mentioned above.
4. On careful perusal of the entire materials as placed before this
Court, this Court finds no averment in the said affidavit as to
whether the immovable properties, particulars of which have been
mentioned at page 6 and 7 of the said affidavit actually belong to
the judgment debtor. This Court, thus, considers that the decree
holder has failed to make out a prima facie case for obtaining an
order of injunction as prayed for. Accordingly, the prayer for
injunction is refused at this stage.
5. On perusal of the tabular statement as filed in connection with the
instant execution case it reveals further that the decree holder has
prayed for a direction upon the directors of the judgment debtor to
file affidavit of assets before this Court. In considered view of this
Court, such prayer is innocuous.
6. In view of such, let there be a direction upon the judgment debtor
as well as its directors to file affidavit of assets before this Court
positively within a week from the date of receipt of server copy of
this order.
7. Liberty is given to the decree holder to serve notice along with copy
of the instant execution application and server copy of this order
upon the judgment debtor by speed post and to file an affidavit-of-
service on the adjourned date.
8. It is further directed that the directors of the judgment debtor shall
be present in person before this Court on the adjourned date.
9. List this matter on April 4, 2025 for further consideration under
the same heading.
(PARTHA SARATHI SEN, J.)
spal/mg
