Anubandh Financial Services Pvt Ltd vs M/S. Skipper Furnishing Private ...
2025 Latest Caselaw 2438 Cal/2

Calcutta High Court

Anubandh Financial Services Pvt Ltd vs M/S. Skipper Furnishing Private ... on 8 September, 2025

OCD-33

                              ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                         COMMERCIAL DIVISION
                             ORIGINAL SIDE

                            EC-COM/470/2025

               ANUBANDH FINANCIAL SERVICES PVT LTD
                               VS
         M/S. SKIPPER FURNISHING PRIVATE LIMITED AND ANR

BEFORE :
The Hon'ble JUSTICE KRISHNA RAO
Date : September 8, 2025.
                                                                   Appearance :
                                              Mr. Deepnath Roy Chowdhury, Adv.
                                                           Ms. Jyoti Rauth, Adv.
                                                      Mr. Bhaskar Dwivedi, Adv.
                                                       Mr. Tamoghna Saha, Adv.
                                                          ...for the decree holder

     1.

The decree holder has filed the present execution proceeding for

execution of the judgement and decree passed by this Court dated

25th June, 2025 wherein this Court has directed the judgment

debtor to pay the principal amount of Rs.30,00,000/- along with

interest at the rate of 10% per annum from 19th June, 2025 till the

realization of the said amount.

2. Counsel for the decree holder submits that in spite of the decree

passed by this Court, the judgment debtors have neither paid the

principal amount nor the interest awarded by this Court and as

such, the decree holder has filed the present execution proceeding.

3. The decree holder has disclosed several movable and immovable

properties in Schedule A and Schedule B of the present execution

proceeding and prayed for injunction with respect of the property

situated at Suruchi Vihar, 547, Tollygunge Circular Road, Block N,

Banglow, New Alipore, Kolkata-700053.

4. Considered the submission made by the Counsel for the decree

holder.

5. This Court finds that this Court passed a decree directing the

judgment debtors to pay the principal amount of Rs.30,00,000/-

along with interest at the rate of 10% per annum from 19th June,

2025 till the realization of the said amount but in spite of decree

passed by this Court, the judgment debtors have not paid the

decretal amount along with interest.

6. This Court finds that the decree holder has made out a prima facie

case and balance of convenience and inconvenience in favour of the

decree holder and if at this stage, interim order is not passed, the

decree holder will suffer irreparable loss and injury. Accordingly,

the judgment debtors, their men, agents and servants are

restrained from dealing with the property, namely, Suruchi Vihar,

547, Tollygunge Circular Road, Block N, Banglow, New Alipore,

Kolkata-700053 till the disposal of the present execution

proceeding.

7. The decree holder is directed to serve the copy of the notice of the

execution proceeding along with documents to the judgment

debtors within a period of two weeks from date.

8. The judgment debtors are directed to file their affidavit of assets on

the returnable date.

9. Let the matter appear on 6th November, 2025.

(KRISHNA RAO, J.) Sbghosh