Madan Chandra Kola vs M/S. Senco Jewellers Private Limited
2025 Latest Caselaw 138 Cal/2

Calcutta High Court

Madan Chandra Kola vs M/S. Senco Jewellers Private Limited on 8 May, 2025

OCD-10

                                 ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                               ORIGINAL SIDE
                           (COMMERCIAL DIVISION)

                              EC-COM/181/2025
                            MADAN CHANDRA KOLA
                                    VS
                    M/S. SENCO JEWELLERS PRIVATE LIMITED

     BEFORE:
     The Hon'ble JUSTICE KRISHNA RAO
     Date : May 8, 2025.


                                                                          Appearance:
                                                     Mr. Sunil Kumar Singhania, Adv.
                                                         Ms. Kalpana Singhania, Adv.
                                                                 ...for decree-holder.
                                                                Mr. S. S. Sarkar, Adv.
                                                                 Ms. Gargi Roy, Adv.
                                                                      ...for defendant.


1.

Mr. Sunil Kumar Singhania, learned Counsel is appearing for the decree-

holder.

2. Mr. S. S. Sarkar, learned Counsel is appearing for the judgment-debtor.

3. Counsel for the judgment-debtor submits that she has not received copy

of the execution petition and its annexures. Accordingly, counsel for the

decree-holder is directed to serve copy of the execution petition along with

annexure to the learned advocate appearing for the judgment-debtor in

course of the day.

4. The judgment-debtor is directed to file the affidavit of assets on the next

date fixed.

5. Counsel for the decree-holder prays for an interim order restraining the

judgment-debtor to sell, alienate or create any third party interest of

premises No. 333 Block- GD Sector-III, Salt Lake City, Kolkata- 700106.

6. Considering the submission made by the counsel for the decree-holder,

this Court finds that this Court has passed a decree for the principal

amount of Rs.53,65,381/- along with an interest at the rate of 18% per

annum and as on 25th of April, 2025 i.e. the date of filing of the execution

petition, the interest accrued on the principal amount is Rs.11,52,110/-

and this Court also imposed cost of Rs. 1 lakh. The total amount which

the judgment debtor is liable to pay as on 25th of April, 2025 is

Rs.66,17,500. In view of the above, the the judgment-debtor is restrained

from selling, alienating or creating any third party interest in respect of

the premises No. 333 Block- GD Sector-III, Salt Lake City, Kolkata-

700106 until further order of this Court. As the present execution case is

filed against the judgment debtor company, all the directors of the

judgment-debtor are directed to file their separate affidavits of assets on

the next date fixed.

7. List the matter on 25th June, 2025.

(KRISHNA RAO, J.)

R.D. Barua