Ashok Jaria vs M/S Senco Jewellers Private Limited
2025 Latest Caselaw 1478 Cal/2

Calcutta High Court

Ashok Jaria vs M/S Senco Jewellers Private Limited on 21 March, 2025

OCD-6
                                 ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                            (Commercial Division)
                               ORIGINAL SIDE

                               EC-COM/106/2025

                             ASHOK JARIA
                                 VS
                 M/S SENCO JEWELLERS PRIVATE LIMITED

BEFORE:
THE HON'BLE JUSTICE PARTHA SARATHI SEN
Date: 21st March, 2025.

                                                                       Appearance:

                                                    Mr. Sunil Kumar Singhania, Adv.
                                                        Ms. Kalpana Singhania, Adv.
                                                            . ...for the decree holder.


1.

In course of hearing, learned counsel appearing on behalf of the decree

holder, at the very outset, draws the attention of this Court to the

certified copy of the decree as has been filed in connection with the

instant execution case.

2. It is submitted that since even after filing of the instant execution case,

the judgment debtor has not paid the decretal amount including the

accrued interest thereon, the Directors of the judgment debtor,

particulars of whom have been mentioned in clause (b) of column no. 10

of the Tabular Statement of the instant execution case, be directed to file

an affidavit of assets before this Court.

3. It is further submitted that the decree holder has every apprehension

that in order to frustrate the decree, the judgment debtor may dispose of

the properties as belonging to him, particulars of which have been given

at paragraph no. 13 of the affidavit.

4. On careful consideration of the entire materials as placed before this

Court, it appears to this Court that no material is forthcoming before

this Court that the judgment debtor has made any attempt to pay off the

decretal dues.

5. In view of such, the Directors of the judgment debtors namely, (i) Mr.

Sumitendra Chandra Sen, (ii) Mr. Jiban Kumar Sen and (iii) Ms. Atima

Sen are hereby directed to file their affidavits of assets on the adjourned

date. The said Directors are further directed to be present in person

before this Court on the adjourned date.

6. Considering the apprehension of the decree holder and on careful

consideration of the entire materials placed before this Court, this Court

is of the considered view that the decree holder has successfully made a

prima facie case for obtaining an order of injunction as prayed for.

7. It further appears to this Court that so far as the balance of convenience

and inconvenience is concerned, the balance of convenience is in favour

of the decree holder and in the event injunction as prayed is not granted,

the decree holder may suffer irreparable loss and injury.

8. In view of such, let there be an order of ad-interim injunction upon the

judgment debtor from disposing and/or alienating and/or creating any

third party interest at their shop at 168, B. B Ganguly Street, P.S-

Bowbazar, Kolkata-700012 till disposal of the instant execution

application or until further order whichever is earlier.

9. Let the matter appear on 25th April, 2025 under the same heading.

10. The decree holder is directed to communicate the server copy of this

order to the judgment debtor as well as upon the aforementioned

Directors of the judgment debtors by speed post and to file affidavit of

service on the adjourned date.

(PARTHA SARATHI SEN, J.)

JM/S. A. AR (CR)