Frostees Export India Private Limited vs Sabri Properties Private Limited
2025 Latest Caselaw 1882 Cal/2

Calcutta High Court

Frostees Export India Private Limited vs Sabri Properties Private Limited on 23 June, 2025

OCD-9

                               ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                          COMMERCIAL DIVISION
                              ORIGINAL SIDE

                              EC-COM/278/2025

                 FROSTEES EXPORT INDIA PRIVATE LIMITED
                                  VS
                   SABRI PROPERTIES PRIVATE LIMITED

BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: June 23, 2025.
                                                                         Appearance:
                                                   Mr. Sabyasachi Choudhury, Sr. Adv.
                                                             Mr. Sayantan Bose, Adv.
                                                              Mr. Rajarshi Dutta, Adv.
                                                               Ms. Manisha Das, Adv.
                                                               ...for the decree holder

        1.

Mr. Sabyasachi Choudhury, learned Senior Advocate, is

appearing for the decree holder.

2. The decree holder has filed the present application for execution

of the judgment and decree passed by this Court dated 26th July,

2024 wherein this Court directed the defendants to pay sum of

Rs.2 crores being the principle amount along with the interest at

the rate of 12% per annum till the realization of the total amount

and further amount of Rs.2 crores being the amount for damages

suffered by the plaintiff and further amount of Rs.10 lakhs being

the forfeited amount.

3. In spite of the decree passed by this Court, the defendants have

not paid the amount.

4. Accordingly, the plaintiff has filed the present application for

execution of the judgment decree passed by this Court.

5. Counsel for the plaintiff submits that in spite of the decree passed

by this Court the judgment debtor has not paid the decretal

amount along with interest. He prays for order in terms of prayers

(a), (b) & (c).

6. Considering the submission made by the learned Counsel for the

decree holder, prayers (a), (b) & (c) are allowed until further order.

7. The decree holder is directed to serve the notice along with this

order to the judgment debtor and the judgment debtor is directed

to file affidavit of assets on the next date fixed.

8. List the matter on 23rd July, 2025.

(KRISHNA RAO, J.)

S.Mandi