In the High Court at Calcutta
Commercial Division
Original Side
In EC-COM/168/2025
MAMTA JAISWAL
VS
APL METALS LTD
PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Dated the 11th November, 2025.
Appearance:
Mr. Kanishk Kejriwal, Adv.
Mr. Pranav Sharma, Adv.
For the plaintiff.
THE COURT: Mr. Kanishk Kejriwal, learned Advocate appears for the
plaintiff/decree-holder.
2. None appears for the defendant/judgment-debtor.
3. The last order dated September 15, 2025 shows that decree-holder was
directed to take appropriate steps for issuance of the notice of the instant
execution proceeding upon the judgment-debtor through the learned
District Judge, Alipore within a week from that date and the matter was
made returnable today.
4. The report of the office of the Sheriff dated November 4, 2025 shows that
despite the notice was sent to the office of the learned District Judge,
Alipore on October 27, 2025 by special messenger of the office of the
In EC-COM/168/2023
A.R., J.
Belief, the same was not received by the office of the learned District
Judge. Accordingly, the original notice was returned and the same has
been made part of the report of the office of the Sheriff. The report along
with the appended notice is taken on record.
5. Accordingly, both the plaintiff and the office of the Sheriff are directed to
serve a copy of the last order dated September 15, 2025 along with a
copy of the entire set of execution application and a copy of today's order
at the office of the learned District Judge, Alipore forthwith.
6. The plaintiff/decree-holder shall file an affidavit of service and the office
of the Sheriff shall also file a report in this regard before this Court when
the matter shall be taken up next.
7. Learned Counsel for the plaintiff/decree-holder referring to the Tabular
Statement attached with the execution application submits that a sum of
Rs.17,49,575/- has already been received by the plaintiff/decree-holder.
The decree-holder now proceeds for realization of the amount of interest
under the decree after adjustment of the excess amount already received
over and above the decretal principal amount.
8. Column 10 of the Tabular Statement under serial no. II shows the details
and particulars of the bank accounts of the defendant/judgment-debtor.
9. Since the decretal amount has been crystallized and the
defendant/judgment-debtor is not represented, this Court prima facie is of
the view that the decree needs to be protected and should not be allowed
to be made a paper decree since the claim of the plaintiff had already been
adjudicated upon and the defendant is liable to pay the decretal sum.
In CS-COM/168/2025
A.R., J.
10. In view of the above, there shall be an order of injunction restraining
the defendant/judgment-debtor to operate any of the bank accounts as
mentioned in column 10 of the Tabular Statement in any manner
whatsoever until further direction of this Court.
11. Plaintiff shall serve a copy of the execution application along with a
copy of today's order upon the concerned branches of the respective
Banks forthwith to enable the Banks to take steps as per the directions of
this Court.
12. Considering the facts and situation, further this Court is of the firm
view that so long as the decree is not satisfied, a Receiver is also required
to be appointed to make an inventory of the two immovable properties
mentioned under Item III under Column 10 to the Tabular Statement.
13. Accordingly, Ms. Shreya Ghosh Dastidar (Ph. No. 8250006598) is
appointed as Receiver, who shall visit the said two immovable properties
on the date and time to be fixed by her as per her discretion upon notice
to the learned Advocate-on-Record for the plaintiff/decree-holder.
14. The initial remuneration shall be paid by the plaintiff for a sum of
Rs.25,000/- to the learned Receiver. The plaintiff shall arrange
conveyance for taking the learned Receiver for holding inventory of the
said two immovable properties and then shall return the learned Receiver
to her place.
15. Learned Receiver so appointed shall make an inventory of the said
two immovable properties upon a prior notice of four days to the
defendant.
In CS-COM/168/2025
A.R., J.
16. The defendant shall allow the learned Receiver to carry out the
inventory of the properties for the time being. The defendant shall
cooperate in every respect the learned Receiver to comply with the
direction of this Court.
17. In the event any resistance is there in carrying out the directions of
this Court by the learned Receiver, the learned Receiver shall be entitled to
take assistance of the local Police Station forthwith and in that event the
local Police Station through its Officer-in-Charge/Inspector-in-Charge
shall provide all assistance to the learned Receiver. A copy of this order
shall also be served upon the local Police Station by the learned Advocate-
on-Record for the plaintiff.
18. The matter is made returnable and shall appear under the heading
'New Chamber Application' on November 25, 2025, when the learned
Receiver shall file her report before this Court.
19. It is also made clear that pendency of this application shall not
preclude the judgment-debtor to make payment of the decretal interest
amount after adjusting the excess amount paid on account of principal to
the plaintiff.
(ANIRUDDHA ROY, J.)
Dg/
In CS-COM/168/2025
A.R., J.
