J. H. Industrial Corporation vs Vijendra Kumar Goel
2025 Latest Caselaw 1464 Cal/2

Calcutta High Court

J. H. Industrial Corporation vs Vijendra Kumar Goel on 20 March, 2025

OD-2
                                ORDER SHEET
                       IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE


                                    EC/507/2016
                           IA No. GA/1/2023, GA/4/2024

                         J. H. INDUSTRIAL CORPORATION
                                       VS
                             VIJENDRA KUMAR GOEL

  BEFORE:
  The Hon'ble JUSTICE PARTHA SARATHI SEN
  Date : 20th March, 2025.
                                                                              Appearance:
                                                               Mr. Sourojit Dasgupta, Adv.
                                                                   Mr. S.G. Maskara, Adv.
                                                                   ... for the decree holder.

                                                            Mr. Subrata Bhattacharya, Adv.
                                                                      Mr. Balarko Sen, Adv.
                                                               Ms. Dipa Bhattacharya, Adv.
                                                                 ... for the judgment debtor.

                                                             Ms. Rupsha Chakraborty, Adv.
                                                                          ... for Receiver.


       1.

At the very outset, learned Advocate appearing on behalf of the

judgment debtor submits before this Court that a typographical

error occurred in respect of the bank account number of the

judgment debtor in the second line of paragraph no.1 of the order

dated 13th March, 2025.

2. It reveals that the correct bank account number has been mentioned

in paragraph 9 of the Master summons in connection with IA No.

GA/4/2024.

3. In view of such the figure 07941700000073 be deleted and in its

place the figure 07921200000082 be inserted.

4. The Department is directed to carry out the necessary correction in

the order sheet dated 13.03.2025 in terms of the observation made

hereinabove.

5. Let this order be treated as part of the order dated 13.03.2025.

6. As directed by this Court the Receiver has submitted a report today

in Court. The said report is taken on record.

7. On perusal of the report as filed today it reveals that the Receiver

has already taken possession of the share certificates to the extent of

Rs.24 Lakhs and Rs.5,000/- as standing in the name of Vijendra

Kumar Goel.

8. At this juncture, it is submitted on behalf of the decree holder that

since the said two share certificates pertains to a private limited

company, a Chartered Accountant may be appointed to assess the

value of the said shares as are lying in the possession of the

Receiver.

9. In view of such, C. Ghosh & Company Chartered Accountant c/o

Chandan Ghosh of BB 73, Sarat Park, Kasba, Kolkata-700107,

Mobile No.- 9831030163 and 9432364274 is hereby appointed by

this Court to assess the values of the shares as mentioned above for

doing the job of the valuation of the aforementioned share

certificates.

10. The remuneration of the Chartered Accountant will be decided upon

raising the bill by the said Chartered Accountant and upon scrutiny

of this Court and the same is to be paid by the decree holder.

11. For the purpose of ascertaining the value of the aforementioned

share certificates the judgment debtor is directed to cooperate with

the appointed Chartered Accountant and he shall produce all the

documents with regard to the assets and liabilities of the company

that is 'BWN Alloys Private Limited'.

12. Let the matter be listed on 17th April, 2025.

13. On the adjourned date the Chartered Accountant is directed to

submit its report on valuation of the share certificates, after serving

advance copies of the same to the learned Advocate for the decree

holder, learned Advocate for the judgment debtor as well as learned

Receiver as appointed by this Court.

(PARTHA SARATHI SEN, J.)

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