OCD-7
In The High Court at Calcutta
[Commercial Division]
Original Side
EC-COM/29/2025
SSS LOHA MARKETING (P) LIMITED
VS
PERFECT FMCG PVT LTD
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : 17th November, 2025.
Appearance :
Mr. Aniruddha Mitra, Sr. Adv.
Mr. Bhaskar Dwivedi, Adv.
Miss. Anatara Biswas, Adv.
Mr. Hareram Singh, Adv.
Mr. Saptarshi Rajan Chatterjee, Adv.
...for the Decree holder
Mr. Varun Kothari, Adv.
Ms. Ranjana Seal, Adv.
Mr. Vikas Baisya, Adv.
...for the judgement debtor
The Court :- Mr. Aniruddha Mitra, learned Senior Advocate appears
for the plaintiff/decree holder.
Mr. Varun Kothari, learned Advocate appears for the judgement
debtor/defendant.
The decree is dated January 9, 2020.
Affidavit of assets has been affirmed and filed on September 24,
2025 by Dharmendra Kumar Vijaywargi describing himself as a Director of
the judgment debtor company.
Drawing attention to the contents of the said affidavit of assets, Mr.
Aniruddha Mitra, learned Senior Advocate appearing for the decree holder
submits there are several discrepancies as would be evident from the
2
audited balance-sheet and the financial report submitted by the judgment
debtor company with the Registrar of Companies, West Bengal with the
relevant financial year.
In view of the above, the plaintiff shall file an affidavit disclosing the
alleged discrepancies with supportive documents on or before November
28, 2025. A copy shall be served upon learned Advocate on record for the
judgement debtor.
The judgment debtor/defendant shall file objection thereto and deal
with the correctness of the statement to be made therein and if it is found in
the light of the supporting documents that any particular is found to be
required for any property, be it movable or immovable, from the balance-
sheet or the annual return or the financial statement of the defendant, the
judgement debtor shall disclose the details of it in the said affidavit.
The averment made in the said affidavit of assets shows that the
deponent stays at the premises described in paragraph 2 to the said
affidavit of assets. Sub-paragraph (a) of paragraph 7 of the said affidavit also
show that the house where the deponent is living presently stands
mortgaged with HDFC Bank Limited.
The total principal decretal amount is Rs.22,46,524/- and the
interest has also been decreed thereupon.
This is a commercial litigation.
Sub-paragraph (e) of paragraph 8 shows that the judgement debtor
company is in possession of a land of 46 cottashs, detail is not there.
EC-COM/29/2025
A.R., J.
Mr. Pritam Basu, learned Advocate is appointed Receiver to go and
make inventory of the following properties:
a) Upohar Complex mentioned in paragraph 2 to the affidavit of
assets;
b) The registered office of the judgement debtor situated at 4,
Ganesh Chandra Avenue, 8th Floor, Kolkata-700013.
c) 42/203, New Ballygunge Road, Kolkata-39 where the deponent
presently stays as stated by him.
The learned Receiver shall make inventory of the present situation
and status of all three properties.
The learned Receiver shall also enquire from the judgment debtor or
its representative, if available, at the site as to the present status of all these
properties.
The date of inventory/inventories shall be fixed by the learned
Receiver which shall be informed to the learned Advocate on Record for the
plaintiff and judgement debtor by the learned Receiver by written notice with
date and time.
The learned Advocate on Record for the plaintiff or its representative
shall accompany the learned Receiver at the time of inventory of each of
properties.
After completing the inventory, the learned Receiver shall file report
before this Court on the next date.
The learned Receiver shall be paid an initial remuneration of
Rs.50,000/- by the plaintiff at the first instance.
EC-COM/29/2025
A.R., J.
The entire conveyance for the learned Receiver shall be arranged by
the plaintiff.
The remuneration of the Receiver to be paid by the plaintiff shall be
considered at the time of passing final order in the execution proceeding.
The matter shall appear under the heading "New Chamber
Application" on January 6, 2026.
(ANIRUDDHA ROY, J.)
Sbghosh
EC-COM/29/2025
A.R., J.
