OCD-12
In The High Court at Calcutta
[Commercial Division]
Original Side
EC-COM/611/2025
STAR PIPE PRODUCTS INDIA PRIVATE LIMITED
VS
ASHIRWAD FOUNDRIES PRIVATE LIMITED
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : 24th November, 2025.
Appearance :
Mr. Aniruddha Mitra, Sr. Adv.
Mr. Ganesh Prasad Shaw, Adv.
Mr. Harshit Thirani, Adv.
Mr. Gaurav Kumar, Adv.
...for the decree holder
The Court :- This is an execution application arising out of a money
decree. The decree is dated July 21, 2025 for a sum of Rs.84,69,294/-
along with interest. Nothing has been paid.
The records of the proceeding and submissions made on behalf of the
decree holder show that previously at the interim stage of the suit, prior to
decree, an injunction application was moved in which an order of injunction
was passed on the bank accounts and Receiver was appointed over and
above the two premises which were identified to be the properties of the
defendant/judgment debtor. One such immovable property is premises No.
1, Crooked Lane, Kolkata-700069 (for short "Kolkata property") and the
other one is premises Nos. 46, 47 and 48 "E" Road and P34/2, Benaras
Road, Liluah, Howrah-711105 (for short "Howrah property").
2
The said interim order of injunction and the appointment of Receiver,
passed prior to the suit being decreed, are no more in existence, as the suit
has already been decreed and the decree has been put into execution.
Today the plaintiff/decree holder moves this execution application ex
parte.
Considering the fact that the decree has been passed, claim of the
plaintiff has been crystallised and since, no appeal has been preferred from
the decree, liability is crystallised against the defendant. The decree must be
protected, prima facie.
In view of the above, the same learned Receiver, namely, Ms.
Khushboo Choudhary, Advocate, learned Member of the Bar, is appointed
Receiver over and in respect of the immovable properties described in
Clause (iii) and (iv) to prayer (b) to the tabular statement.
Learned Receiver shall visit of the properties and make a detail
inventory with regard to its present state, status and situation and then file
a report before this Court on the next day.
There shall be an order of injunction restraining the defendant
/judgment debtor and/or its men, agents, servants, assigns from dealing
with and/or disposing of and/or creating any third party right, title and
interest over and above the immovable properties described in Clause (iii)
and (iv) to prayer (b) to the Column 10 of the tabular statement in any
manner whatsoever until the execution proceeding is disposed of.
Learned Receiver shall be paid a remuneration of Rs.30,000/- for
the time being and the same shall be paid by the decree holder at the first
instance.
EC-COM/611/2025
A.R., J.
The decree holder and its Advocate on record shall arrange for the
necessary conveyance of the learned Receiver and to return to her place of
destination.
The decree holder/applicant shall serve a copy of the execution
application along with a copy of today's order upon the
defendant/judgement debtor at its recorded registered address and also at
the properties mentioned in prayer (b) to the Column 10 of the tabular
statement.
The decree holder/applicant shall also serve a copy of execution
application along with a copy of today's order upon the Directors of the
judgment debtor company at their residential addresses as per the record of
Registrar of Companies, West Bengal.
The matter shall appear under the heading "New Chamber
Application" on January 29, 2026.
(ANIRUDDHA ROY, J.)
Sbghosh
EC-COM/611/2025
A.R., J.
