J K Yarn Private Limited vs Thiruvalluvaar Textiles Private ...
2025 Latest Caselaw 1854 Cal/2

Calcutta High Court

J K Yarn Private Limited vs Thiruvalluvaar Textiles Private ... on 19 June, 2025

OCD-3

                              ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                         COMMERCIAL DIVISION
                             ORIGINAL SIDE

                            EC-COM/431/2024

                      J K YARN PRIVATE LIMITED
                                 VS
              THIRUVALLUVAAR TEXTILES PRIVATE LIMITED

     BEFORE:
     The Hon'ble JUSTICE KRISHNA RAO
     Date: June 19, 2025.
                                                                     Appearance:
                                                            Mr. Anuj Singh, Adv.
                                                          Mr. Vikas Baisya, Adv.
                                                          Ms. Ranjana Seal, Adv.
                                                          ... for the decree holder

                                                  Mr. Arindam Banerjee, Sr. Adv.
                                                     Mr. Sankarson Sarkar, Adv.
                                                        Mr. Biswajit Kumar, Adv.
                                                           Mr. Raja Baliyal, Adv.
                                                      Mr. Rajarshi Ganguly, Adv.
                                              Mr. Vidhya Bhusan Upadhyay, Adv.
                                                       ... for the judgment debtor


1.

Mr. Anuj Singh, Learned Advocate, is appearing for the decree

holder.

2. Mr. Arindam Banerjee, Learned Senior Counsel, is appearing for the

judgment debtor.

3. Counsel for the judgment debtors submits that out of total decretal

amount along with interest of Rs. 2,08,87,399.20, the judgment

debtor has paid Rs. 1,46,00,000/- leaving the balance amount of Rs.

62,87,399.20.

4. Counsel for the decree holder submits that the decree holder has

received an amount of Rs. 1,46,00,000/- but it is found that this

amount has been transferred from the account one of the Director of

the company and not from the account of the company and as such,

the amount which the decree holder has received shall be treated as

amount received from the company.

5. Counsel for the judgment debtor prays for two weeks time to pay the

remaining amount, if otherwise, the parties will settle the issue

outside of the Court.

6. In view of the above, let the matter appear on 22nd July, 2025.

7. As the judgment-debtor has paid the amount, the warrant issued

against the judgment-debtor is recalled for the present.

(KRISHNA RAO, J.) DB