Tci Finance Limited vs Godavari Commercial Services
2025 Latest Caselaw 1313 Cal/2

Calcutta High Court

Tci Finance Limited vs Godavari Commercial Services on 27 February, 2025

OD-5
                          IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                                     ORIGINAL SIDE
                                        EC/288/2020
                                   IA NO: GA/1/2021

                                  TCI FINANCE LIMITED
                                           VS
                                 GODAVARI COMMERCIAL SERVICES
                                 PRIVATE LIMITED AND ORS.


BEFORE :
THE HON'BLE JUSTICE PARTHA SARATHI SEN

Date : 27th February, 2025.
                                                                     Appearance :
                                                      Mr. Abhrajit Mitra, Sr. Adv.
                                                               Mr. Ankan Rai, Adv.
                                                         Mr. Ratnesh Kr. Rai, Adv.
                                                         Ms. Sakshi Kejriwal, Adv.
                                                          ..for the decree-holder.

                                                            Mr. Sakya Sen, Sr.Adv.
                                                             Mr. M.S. Tiwari, Adv.
                                                            Ms. Sweta Poddar, Adv.
                                                            ...for judgemnet-debtor.

        Re:IA.NO. GA/1/2021

       1.

This is an application under Section 47 of the Code of

Civil Procedure of the Judgmeent debtor where the judgement

debtor has challenged the executability of consent decree.

2. In course of his submission, Mr. Sen, learned Senior

Advocate appearing on behalf of the judgement debtor at the

very outset draws attention of this Court to the order dated

February 6, 2025, whereby and whereunder this Court passes an

order of injunction retraining the judgment debtor from operating its bank account leaving apart certain sum as

mentioned in the said order.

3. It is submitted by Mr. Sen that the instant execution

case suddenly appeared on February 6, 2025 and thus the

judgement debtor could not get an opportunity to appear on

the said date and thus in absence of the judgment debtor a

favourable order has been passed in favour of the decree

holder, which is prejudicial to the judgment debtor,

particularly when the executability of the said decree has

been challenged by filing the instant application i.e. GA 1

of 2021.

4. Such contention is, however, opposed by Mr. Mitra,

learned Senior Counsel appearing on behalf of the decree

holder.

5. Considering the entire materials as placed before this

Court, this Court considers that justice would be sub-served

if GA 1 of 2021 is taken up for hearing at the earliest.

6. It is reported at the Bar so far as GA 1 of 2021 and

EC 288 of 2020, exchange of affidavits are complete.

7. Let the matter be listed on March 27, 2025 for hearing

of GA 1 of 2021.

(PARTHA SARATHI SEN, J.)

nm