M/S. Blue Heavens Agro Industries ... vs The Calcutta Stock Exchange ...
2025 Latest Caselaw 1503 Cal/2

Calcutta High Court

M/S. Blue Heavens Agro Industries ... vs The Calcutta Stock Exchange ... on 27 March, 2025

                                              1


OD - 2
                            IN THE HIGH COURT AT CALCUTTA
                          Ordinary Original Civil Jurisdiction
                                         ORIGINAL SIDE
                                   EC/129/2007
                                IN TS/419/1996
             M/S. BLUE HEAVENS AGRO INDUSTRIES PUBLIC LIMITED CO.
                                       VS
                 THE CALCUTTA STOCK EXCHANGE ASSOCIATION LTD.


BEFORE :
THE HON'BLE JUSTICE PARTHA SARATHI SEN
Date : 27th March, 2025
                                                                         Appearance :
                                                  Ms. Aishwarya Rajyashree, Adv.
                                                    Mr.Chandra Gupta Kamal, Adv.
                                                  Mr. Aishwarya Madhushree, Adv.
                                                         ...for the decree-holder.

                                                            Mr. Chayan Gupta, Adv.
                                                       Mr.Uttam Kumar Mondal, Adv.
                                                            Ms. Udita Mandal, Adv.
                                                         ...for the judgment-debtor.


         1.

In course of hearing the learned advocate for the

judgment-debtor could not place any document to

substantiate that the decree which has been put into

execution and as has been transferred to this Court has

been set aside. In view of such, this Court finds no

predicament in proceeding with the execution case.

2. From the certified copy of the transferred decree it

reveals that the decree-holder obtained a decree against

the judgment-debtor for a sum of Rs.5,62,05,000/-. In

view of such, the chief general manager of the judgment-

debtor company is directed to file his affidavit of

assets positively within two weeks hence in the

department after serving copy of the same to the learned

advocate for the decree-holder. Department is directed to

tag such affidavit of assets with the instant file.

3. The chief general manager of the judgment-debtor company

is further directed to remain present in person before

this Court on May 1, 2025 to face examination on the

basis of his affidavit of assets.

4. Liberty is given to the judgment-debtor to file

appropriate order or orders regarding recall of the

decree which has been put into execution in the meantime.

5. Let the matter be listed on May 1, 2025.

(PARTHA SARATHI SEN,J.)

sd/