OCD-14
In The High Court at Calcutta
[Commercial Division]
Original Side
EC-COM/156/2025
AMIT NEWAR AND ANR.
-Vs-
MOHAMMED ISLAM
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : November 26, 2025.
Appearance :
Mr. Krishnaraj Thaker, Sr. Adv.
Mr. Kanishk Kejriwal, Adv.
Mr. Ramendu Agarwal, Adv.
Ms. Apoorva Choudhury, Adv.
...for the decree-holder
Mr. Arik Banerjee, Adv.
Mr. Arijit Roy, Adv.
Ms. Shreyashi Maity, Adv.
...for the judgment-debtor
The Court :-This is an application for execution of a decree dated
January 24, 2025. The decree was for payment of occupational charges and
arrears on that score. The total amount crystallised under the decree is for a
sum of Rs.68,82,750/-. In addition, the judgment-debtor has to pay a sum
of Rs.1,09,250/- per month as occupation charges.
The judgment-debtor had preferred an appeal from the decree. The
Hon'ble Division Bench by its order dated May 20, 2025 has dismissed the
appeal with costs of Rs.10,000/-.
Thus, the decree has been crystallised against the judgement
debtor/respondent herein.
2
An affidavit of assets filed by the judgment-debtor/respondent is
already on record which, inter alia, discloses the bank accounts with the
balance lying thereat.
In paragraph 5 of the said affidavit the particulars show in one bank
account Rs.500/- and odd, in the rest two Rs.400/- and odd and Rs.300/-
and odd sum is lying and the fourth one with Axis Bank it has only
Rs.0.21p.
This clearly shows the financial health of the judgment-debtor.
Paragraph 6 to the said affidavit discloses an immovable property for
about 2 Cottah 8 Chittack of land at Mouza Rajarampur, Sirakol, Gram
Panchayat, 24 Parganas (South). Paragraph 8 of the affidavit mentions
about an actionable claim for a sum of Rs.8,00,000/-.
In view of the above, the judgment-debtor is granted one opportunity
to pay off the decretal dues.
At the first instance, the judgment-debtor shall deposit a sum of
Rs.30,00,000/- with the Learned Registrar, Original Side on or before
December 9, 2025.
In the event such deposit is made, the Registrar Original Side shall
invest the same in an interest bearing fixed deposit account with any
nationalised bank of his choice and shall file a report on the next day before
this Court.
The affidavit-of-assets further discloses and also it is submitted on
behalf of the plaintiff/decree-holder that the judgment-debtor is carrying out
his business from the premises of the plaintiff as described in the cause title
EC-COM/156/2025
A.R., J.
of the application where the details of the respondent has been described.
The business is running but no payment is coming to the till of the decree
holder.
In view of the above, Mr. Abhishek Chakraborty, (Contact
No.9836271783) and Mr. Uttiyo Mallick, (Contact No.9830079038),
learned Advocates and members of the Bar are appointed as joint Receivers
to go and visit the premises wherefrom the business is being carried out by
the judgment-debtor and to make detail inventory of the same. Inventory
shall be made upon prior notice of two working days upon the judgment-
debtor to be issued by the learned joint Receivers.
The representative of the decree-holder and the learned Advocate-on-
record shall accompany the joint Receivers at the time of causing inventory
at the premises.
The decree-holder shall arrange the necessary conveyance for the
joint Receivers including their return to their respective destinations. The
joint Receivers shall draw up a minute in presence of the representative of
the decree-holder and the learned Advocate on record and also in presence
of the judgment-debtor. The minute shall be signed by all concerned and
present during inventory.
The joint Receivers shall file a report before this Court on the next
day.
The joint receivers shall be paid an initial remuneration of
Rs.25,000/- each by the decree-holder at the first instance. Such payment
EC-COM/156/2025
A.R., J.
of remuneration by the decree-holder shall be considered at the time of final
disposal of this application.
The judgment-debtor shall cooperate and render all assistance to the
learned joint Receivers to cause the inventory at the premises.
In the event, any resistance is created, the joint Receivers shall be at
liberty to ask for police assistance from the local Police Station by serving a
copy of today's order upon them and in that case, all necessary police
assistance shall be provided to them to carry out the directions of this
Court.
The matter shall appear under the heading 'New Chamber
application' on December 16, 2025.
On the next day, opportunity for filing affidavit by the judgment-
debtor shall be considered.
(ANIRUDDHA ROY, J.)
sp3
EC-COM/156/2025
A.R., J.
