Usha Martin Limited vs Hema Springs Private Limited And Ors
2025 Latest Caselaw 2439 Cal/2

Calcutta High Court

Usha Martin Limited vs Hema Springs Private Limited And Ors on 8 September, 2025

OCD-27
                                  ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                          COMMERCIAL DIVISION
                              ORIGINAL SIDE

                             EC-COM/226/2025

                        USHA MARTIN LIMITED
                                 VS
                HEMA SPRINGS PRIVATE LIMITED AND ORS

 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : 8th September, 2025.

                                                                       Appearance:
                                                                   Mr. Arif Ali, Adv.
                                                              Mr. Sagar Dutta, Adv.
                                                                 ...for the petitioner




         1.

The Decree-holder has filed the present execution case proceeding

for execution of the judgment and decree passed by this Court

dated 28th June, 2024 wherein this Court directed the defendant to

pay an amount of Rs. 84,23,539.74/- along with interest at the rate

of 18 per cent per annum with effect from 15th February, 2022 till

realisation of the said amount. Counsel for the decree-holder

submitted inspite of the decree passed by this Court the judgment

debtor failed to pay the amount and accordingly, he filed the

present application.

2. He further submitted during the inquiry, the decree-holder came to

know that the judgment debtor is maintaining an account at Axis

Bank, Gurgaon Branch, being account No. 915020002781902 and

the judgment-debtor is having the property being Block No. C-

5/7/3 admeasuring 9152 square-meter along with industrial shed

having constructed area of 1866.60 square-meters from MIDC

Shendra five Star, Industrial area which situated within village

limits of Shendraban, outside of Aurangabad Municipal

Corporation in rural area within limits of Talika and District

Aurangabad.

3. Counsel for the decree-holder submitted that in spite of the decree

passed by this Court that the judgment debtor failed to pay the

amount. Under such circumstances, he prays for interim order

restraining the decree-holder from dealing with the landed property

as mentioned above and also to restrain operating the above bank

account without keeping aside the decretal amount along with the

interest as on date.

4. Heard the learned Counsel for the decree-holder. Perused the

materials on record. This Court finds that by a judgment and decree

dated 18th June, 2024 this Court directed the defendant to pay the

decretal amount along with the interest but in spite of the same the

defendant failed to pay the same due to which the decree-holder has

been compelled to file the present execution proceeding.

5. In view of the above, the judgment debtor is restrained from

operating the bank account maintaining in the Axis Bank, Gurgaon

Branch, being account No. 915020002781902- without keeping

aside an amount of Rs.84,23,539.74/- and also is restrained from

dealing with the property as mentioned above, till the disposal of

the present execution proceeding.

6. The decree-holder is directed to issue notice upon the judgment

debtor returnable, on 4th November, 2025.

7. Let this matter appear on 24th November, 2025.

8. The judgment-debtor is also given liberty to file the affidavit of

assets on the returnable date.

(KRISHNA RAO, J.)

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