Shanti Kumar Surana vs Pankaj Shah
2025 Latest Caselaw 557 Cal/2

Calcutta High Court

Shanti Kumar Surana vs Pankaj Shah on 24 July, 2025

OD- 39
                               ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE


                                  EC/285/2018
                                      WITH
                                   CS/53/2016
                                IA NO: GA/1/2025

                  S.K. SURANA (HUF) REPRESTED BY ITS KARTA
                            SHANTI KUMAR SURANA
                                      VS
                                PANKAJ SHAH

BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY

Date: 24th July, 2025.

APPEARANCE:

Mr. Varun Kothari, Adv.

Mr. Jai Kumar Surana, Adv.

Mr. Dhruv Surana, Adv.

Mr. Abhimonyu Roy, Adv.

...for the decree holder.

Mr. Prantik Garain, Adv.

Mr. Soumya Bhattacharya, Adv.

...for the judgment debtor.

Mr. Ritoban Sarkar, Adv.

Mr. Anirban Mondal, Adv.

...for the State.

Mr. Rachit Lakhmani, Adv.

Ms. Pooja Sah, Adv.

...for the intervenor.

The Court : Learned Advocate for the decree holder, learned Advocate for

the judgment debtor and learned Advocate for the intervenor-applicant are

present.

It appears that the decree was passed on 21 st June, 2017. Learned

Advocate for the decree holder submits that affidavit of assets was filed and the

judgment debtor was examined, but till today there is no satisfaction of the

decretal dues.

Learned Advocate for the judgment debtor also submits that he is ready

and willing to sell the immovable property to discharge the decretal dues.

In the facts and circumstances, this Court is of the view that there

should be the attachment of the bank accounts being A/c no. 627501549794,

ICICI Bank, Bhowanipore Branch and A/c no. 102310100018097, Andhra

Bank, Salt Lake Branch.

With regard to the property at 13, Lake Avenue, Mudiali, Kolkata-

700026, Mr. Gautam Mukherjee, learned Advocate Ph. 9830348249 and Ms.

Hansi Saha, learned Advocate, Ph.-9836012038 & 8240151189 are appointed

as Joint Receivers to take possession of the said property. Learned Receivers

shall, upon taking symbolic possession of the said property and making

necessary inspection, submit a report to this Court on or before 13 th August,

2025.

The learned Receiver shall also enquire as to the ownership and

possession of the property situated at 45/2, Chakraberia Road (South), Flat

no. 2B, above Bank of Baroda, Kolkata-700025. The learned Receivers shall

also ascertain upon necessary enquiry as to whether the judgment debtor has

any other bank accounts. Learned Receivers shall be entitled to a

remuneration of 1000 GM each to be paid by decree holder.

Although the issue of jurisdiction is raised, but as the matter has

reached its finality, the Executing Court cannot go beyond the decree.

Let GA/1/2025 be taken up for consideration on the next date fixed.

Affidavit may be filed in the meantime.

Let this matter appear on 13th August, 2025 for report of learned

Receivers and hearing of GA/1/2025.

(BISWAROOP CHOWDHURY, J.)

KB AR(CR)