Utkarsh India Limited vs Aparajita Enterprises And Anr
2025 Latest Caselaw 3167 Cal/2

Calcutta High Court

Utkarsh India Limited vs Aparajita Enterprises And Anr on 25 November, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-2

                      In the High Court at Calcutta
                             Commercial Division
                               Original Side


                           EC-COM/312/2024

                       UTKARSH INDIA LIMITED.
                                -VS-
                   APARAJITA ENTERPRISES AND ANR.

BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY

Date : 25th November, 2025.

APPEARANCE:

Mr. Ayan Dutta, Adv.

Mr. Dwipraj Basu, Adv.

Mr. Avijit Kar, Adv.

For the decree-holder.

The Court:- This is an execution application arising out of a decree dated February 1, 2024. This is a money decree for about Rs.40 lakhs. The judgment-debtor, as per the informations received by the plaintiff/decree-holders, are situated at and are residence of Patna. The judgment-debtor no.2 is also a resident of Patna.

Several attempts made to serve notices upon the judgment-debtors but every time such attempts went into vain. The report of the office of the Deputy Sheriff dated August 11, 2025 shows that there is no person residing in the name of the judgment-debtor no.2 at the address mentioned therein. However, the decree-holder submits that the judgment-debtor no.2 is residing there at the address at "D-21,

Vijaynagar, Hanuman Nagar, Kankarbagh, Police Station- Patrakar Nagar, Patna- 800020".

In view of the above, the learned Advocate-on-record for the applicant/decree-holder shall serve a copy of the execution application at the office of the Commissioner of Police, Patna forthwith along with a copy of today's order.

The Commissioner of Police Patna then shall depute a responsible officer, who upon causing an enquiry shall send a report at the office of the Deputy Sheriff of this Court with regard to the whereabouts of the judgment-debtors. The report shall be submitted to this Court before the next date.

Depending upon the situation, this Court may proceed to issue warrant of arrest of the judgment-debtor no.2 and, in that event, such warrant may be directed to be executed by the local police station where the judgment-debtor no.2 resides.

The matter shall appear under the heading "New Chamber Application" on December 18, 2025.

(ANIRUDDHA ROY, J.) A/s.

EC-COM/312/2024 AR,J