Utkarsh India Limited vs Buildstar Infra Private Limited
2025 Latest Caselaw 610 Cal/2

Calcutta High Court

Utkarsh India Limited vs Buildstar Infra Private Limited on 28 July, 2025

OCD-25

                               ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                           Commercial Division
                             ORIGINAL SIDE

                            EC-COM/178/2025

                        UTKARSH INDIA LIMITED
                                 VS
                   BUILDSTAR INFRA PRIVATE LIMITED

BEFORE :
The Hon'ble JUSTICE KRISHNA RAO
Date : July 28, 2025
                                                               Appearance :
                                                 Mr. Aurin Chakraborty, Adv.
                                                     Mr. Dwip Raj Basu, Adv.
                                                      ...for the decree holder

     1.

The decree holder has filed the present execution case for

execution of the decree passed by this Court dated 10th September,

2024 for realization an amount of Rs.25,20,606/- along with

interest totalling to Rs.43,24,255/-.

2. Counsel for the decree holder submits that initially notice was sent

to the judgement debtor but it was returned unserved with the

endorsement 'left'. Subsequently, as per the direction passed by

this Court, the copy of the notice of the execution case has been

served upon the Advocate on Record of the judgement debtor who

was appearing in the appeal on behalf of the judgement debtor.

3. Counsel for the decree holder has brought to the notice of this

Court that the appeal preferred by the judgment debtor is also

dismissed but today none appears on behalf of the judgement

debtor.

4. Counsel for the decree holder submits that as the appeal is also

dismissed but the judgement debtor is not appearing in the matter

and prayed for interim order in terms of prayers (f) and (g).

5. In view of the submission made by the Counsel for the decree

holder, the judgement debtor is restrained from withdrawing of any

amount from the bank account of the judgement debtor connected

with the PAN AAFCG1144D without keeping aside an amount of

Rs.43,24,255/-.

6. The judgement debtor is also restrained from alienating or

encumbering or creating any third party interest with regard to the

assets and properties of the judgement debtor till the disposal of

the present execution case.

7. The decree holder is directed to serve the notice through Officer-in-

Charge of Jorabagan Police Station and the concerned Officer-in-

Charge is directed to file report with regard of service of notice

upon the judgement debtor on the next date fixed.

8. List this matter on 19th August, 2025.

(KRISHNA RAO, J.)

Sbghosh