Ruma Roy vs Suryamukhi General Finance And
2025 Latest Caselaw 911 Cal/2

Calcutta High Court

Ruma Roy vs Suryamukhi General Finance And on 17 January, 2025

Author: Shampa Sarkar

Bench: Shampa Sarkar

   ORDER                                                                     OD - 6
                 IN THE HIGH COURT AT CALCUTTA
               ORDINARY ORIGINAL CIVIL JURISDICTION

                                 EC/94/2019
                              IA NO: GA/1/2023

                              RUMA ROY
                                 VS
                   SURYAMUKHI GENERAL FINANCE AND
                    INVESTMENT COMPANY (INDIA) LTD.


  BEFORE:
  THE HON'BLE JUSTICE SHAMPA SARKAR
  Date : 17th January 2025.
                                                                          APPEARANCE:
                                                          Mr. Kushal Paul, Advocate
                                                      Mr. Shanauk Ghosh, Advocate
                                                       Mr. Saptarshi Dutt, Advocate
                                                             ... for the award-holder


    The Court:- Supplementary affidavit is taken on record. The

averments indicate the names of the directors of the award-debtor against

whom the award is sought to be enforced.

    None appears on behalf of the award-debtor.

    Leave is granted to amend the Tabular Statement by incorporating

the names of the directors of the award-debtor, i.e., Mr. Raja Bhadra and

Mrs. Nargis Bhadra, the persons against whom the award is sought to be

enforced.

    There will be interim orders against the directors of the award-debtor

in terms of prayers (b), (c) and (d) of Column 10 of the Tabular Statement,

which are quoted below:

              b)   Upon the affidavit of asset being filed by the principal officer of the
              respondent/judgment      debtor   the   said   principal   officer   of   the

respondent/judgment debtor be directed to be present in Court to be orally examined as to whether the respondent/judgment debtor has any or what other debts due and owing to the judgment debtors and whether

the judgment debtor has any or what other assets and properties or means of satisfying the decree;

c) a direction be made upon the principal officer of the judgment debtor to produce all books and records including audited balance sheet for last five years pertaining to the judgment debtor so that the assets and properties of the judgment debtor can be ascertained;

d) Injunction restraining the judgment debtor from operating bank account of Syndicate Bank, Camac Street Branch, 20, Shakespeare Sarani, Kolkata, bearing Account No. 95911010006236, as mentioned in paragraph 6 of the affidavit in support of the execution application without leaving aside a sum of Rs. 34,17,000/-."

Leave is also granted to correct the number of the application in the

supplementary affidavit.

Notice be issued upon the award-debtor and its directors named

hereinabove along with copy of the application and this order.

The maintainability of GA/1/2025 will be decided later.

Let the matter appear on 21st March 2025.

(SHAMPA SARKAR, J.)

sm/s.kumar