Dalgreen Agro Private Limited vs Shaikh Asadur Rahman And Ors
2025 Latest Caselaw 2588 Cal/2

Calcutta High Court

Dalgreen Agro Private Limited vs Shaikh Asadur Rahman And Ors on 15 September, 2025

OCD-21
                            ORDER SHEET

                  IN THE HIGH COURT AT CALCUTTA
                       COMMERCIAL DIVISION
                           ORIGINAL SIDE

                          EC-COM/200/2025
                        IA No.GA-COM/1/2025

                 DALGREEN AGRO PRIVATE LIMITED
                              VS
                 SHAIKH ASADUR RAHMAN AND ORS

 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : September 15, 2025.
                                                                   Appearance :
                                                    Mr. Jayanta Sengupta, Adv.
                                                         Mr. Pratik Shanu, Adv.
                                                        ... for the decree-holder

                                                     Mr. Sarosij Dasgupta, Adv.
                                                          Ms. Saheli Bose, Adv.
                                       ... for the judgment-debtor nos.1, 2 and 3

                                                       Ms. Sanchayita De, Adv.
                                               ... for the judgment-debtor no. 4

                                                   Mr. Rittick Chowdhury, Adv.
                                                         Mr. Ramij Munsi, Adv.
                                           ... for the judgment-debtor nos.6 & 7


  1.

The judgment-debtor nos.1, 2 and 3 have filed an application being

GA-COM/1/2025 praying for dismissal of the present execution

proceeding or in the alternative to transfer the execution proceeding

before the appropriate Court having jurisdiction to execute the

judgment and decree passed by this Court.

2. The judgment-debtor nos.6 and 7 have already filed their affidavit of

assets.

3. Learned Counsel for the judgment-debtor no.4 prays for time. This

Court finds that by an order dated 18th August, 2025 warrant has

been issued against the judgment-debtor nos. 4 to 8 and accordingly,

the judgment-debtor no.4 had surrendered before this Court on 2 nd

September, 2025 with the undertaking that he will appear before this

Court and file affidavit of assets on the next date fixed. On the basis

of the undertaking, this Court released the judgment-debtor no.4 on

personal bond with direction to appear before this Court and also to

file affidavit of assets. Today when the matter is called, the judgment-

debtor no.4 has neither appeared before this Court nor has filed

affidavit of assets and Counsel for the judgment-debtor no.4 prays for

time.

4. Taking into consideration the conduct of the judgment-debtor no.4,

this Court finds that in spite of specific time granted by this Court,

the judgment-debtor no.4 has failed to file affidavit of assets.

Accordingly, warrant be issued against the judgment-debtor no.4.

5. The decree-holder is directed to take appropriate steps for filing

requisites for issuance of warrant of arrest against the judgment-

debtor no.4.

6. Counsel for the decree-holder prays for time to file affidavit in

opposition to the application being GA-COM/1/2025 filed by the

judgment-debtor nos.1, 2 and 3.

7. Let affidavit in opposition be filed by two weeks after Puja Vacation;

reply thereto, if any, be filed within a week thereafter.

8. List the matter on 25th November, 2025.

(KRISHNA RAO, J.)

RS