Citation : 2025 Latest Caselaw 1585 Cal/2
Judgement Date : 20 May, 2025
OD-11
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTON
ORIGINAL SIDE
EC/54/2024
RAJAN PODDAR
VS
GREENTECH IT CITY PVT LTD
BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : MAY 20, 2025.
Appearance:
Mr. Mohit Gupta, Adv.
Mr. A.P. Agarwalla, Adv.
Mr. Jit Roy, Adv.
...For the plaintiff
Mr. Ratul Das, Adv.
Mr. K. Hussain, Adv.
Mr. A. Dwidedi, Adv.
Mr. Sumit Biswas, Adv
...For the judgment debtor
1.
The Court:- Learned advocate for the decree-holder and learned
advocate for the judgment debtor are present.
2. Although affidavit of assets is filed but it is pointed out by the
learned advocate for the decree-holder that the said affidavit is
incomplete as because the documents regarding sale deed which
the judgment debtor has filed is not clarified in the statements
made in the affidavit as to the nature of ownership of judgment
debtor with regard to the said property nor it is stated how the
judgment debtor is the owner of the property which he seeks to
rely in this affidavit of assets. Learned advocate further submits that it is not in the form of 16A, thus it should not be relied upon
in the facts and circumstance. This Court grants an opportunity to
the judgment debtor to rectify the mistakes and file a fresh
affidavit of assets by 10.06.2025. Although learned Advocate for
the judgment debtor submits that this application is not
maintainable with regard to the jurisdiction but no application till
today has been filed in this regard.
3. Thus, in the event the judgment debtor intends to contest the
maintainability of the application, he may come with an affidavit
or with necessary application but however, the affidavit of assets
shall be filed by 10.06.2025.
4. Let there be stay of the operation of the Bank account unless the
decretal amount is kept aside.
(BISWAROOP CHOWDHURY, J.)
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