Private Limited vs Prasanta Ghosh
2025 Latest Caselaw 422 Cal/2

Calcutta High Court

Private Limited vs Prasanta Ghosh on 16 July, 2025

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIPD-9

                      IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE
                      (Ordinary Original Civil Jurisdiction)

                              EC-COM/328/2025

                  ADI MOHINI MOHAN KANJILAL MARKETING
                             PRIVATE LIMITED
                                   VS
                             PRASANTA GHOSH


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 16th July, 2025.

Appearance:

Mr. Debnath Ghosh, Sr. Adv.

Mr. Gautam Kumar Ray, Adv.

Mr. T.K. Jana, Adv.

Mr. Sourav Jana, Adv.

Mr. Biswaroop Mukherjee, Adv.

..for the plaintiff

The Court: This is an application for execution of a decree dated 10th

December, 2024.

It is submitted that notwithstanding the decree dated 10th December,

2024, the judgment-debtor has surreptitiously and intentionally sought to

circumvent the same. In this regard, the decree-holder relies on present

hoardings which appear at pages 123 and 124 of the Affidavit in Support of the

application.

In view of the prima facie violation of the decree, at this stage there shall

be an order appointing a Special Officer to go and visit the premises and take

photographs of the impugned hoardings, samples of bills/invoices, labels, carry

bags, billboards banner being used by the judgment-debtor.

It is made clear that the Special Officer shall not interfere with the

running of the business of the judgment-debtor.

Mr. Dhurv Chaddha, a member of the Bar Library Club is appointed as a

Special officer to carry out the above exercise and file a Report by the

returnable date. The decree-holder shall pay a consolidated remuneration of

3000 gms to the Special officer to carry out the above exercise.

Let this matter appear on 20th July, 2025.

It is needless to mention that the Advocates appearing on behalf of the

decree-holder shall ensure all arrangements for the Special Officer to carry out

the above order.

In the meantime, the decree-holder is also directed to effect service on

the judgment-debtor and file an Affidavit of Service on the returnable date.

The local police is also directed to provide all assistance, if necessary, to

the Special Officer.

(RAVI KRISHAN KAPUR, J.)

S.Bag