Citation : 2025 Latest Caselaw 139 Cal/2
Judgement Date : 8 May, 2025
OCD-11
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
(COMMERCIAL DIVISION)
EC-COM/182/2025
20 CUBE LOGISTICS SOLUTIONS PVT LTD.
VS
PARAMOOUNT NIRYAAT PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : May 8, 2025.
Appearance:
Mr. Souryadeep Banerjee, Adv.
Mr. Dwip Raj Basu, Adv.
...for decree-holder.
1.
Mr. Souryadeep Banerjee, learned Counsel is appearing for the decree-
holder.
2. The decree-holder filed present application for execution of the decree
passed by this Court dated 29th November, 2024. The principal amount is
Rs.19,05,720.94 and the decree-holder has calculated an interest at the
rate of 18% per annum from 20th July, 2022 to 25th of April, 2020 at Rs.
12,07,616.66 totaling Rs. 31,13,337.60 .
3. The Counsel for the plaintiff submits in-spite of the decree passed by this
Court, the judgment-debtor has not paid the amount. Counsel for the
plaintiff submits that till the affidavit of assets is not filed by the
judgment-debtor an injunction may be passed restraining the judgment-
debtor to operate the Bank Account maintaining with the Axis Bank Ltd.
CBB Kolkata, Kolkata- 700071, being account No. 917030079937119 and
the Indian Overseas Bank No P/698, Tolasaria Sadan, Block-O, New
Alipore, Kolkata- 700053, having account No. 17802000002377 by
keeping aside an amount of Rs.31,73,337.60/-.
4. Heard the learned Counsel for the decree-holder. This Court finds that by
an order dated 29th November, 2024, this Court passed a decree directing
the defendant to pay an amount of Rs. 19,05,720/- along with interest at
the rate of 10% per annum but in spite of the decree passed by this Court,
defendant failed to come forward to pay the amount. Considering the
above, the judgment-debtor is restrained from operating the Bank account
maintaining with Axis Bank Ltd. CBB Kolkata, Kolkata- 700071, being
account No. 917030079937119 and the Bank account maintaining with
Indian Overseas Bank No P/698, Tolasaria Sadan, Block-O, New Alipore,
Kolkata- 700053, having account No. 17802000002377 without keeping
aside an amount of Rs.31,13,337.60 until further order.
5. The judgment-debtor is directed to file affidavit of assets after serving a
copy to the learned Counsel for the decree-holder within three weeks from
date.
6. List this matter on 19th June, 2025.
7. The decree-holder is directed to communicate this order and also to serve
copy of the execution petition along with annexures to the judgment-
debtor and file affidavit of service in the next date fixed.
(KRISHNA RAO, J.)
R.D. Barua
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