Kintetsu World Express India Pvt Ltd vs Rubee Air Freight Limited
2025 Latest Caselaw 2589 Cal/2

Calcutta High Court

Kintetsu World Express India Pvt Ltd vs Rubee Air Freight Limited on 15 September, 2025

OCD-13
                             ORDER SHEET
                    IN THE HIGH COURT AT CALCUTTA
                         COMMERCIAL DIVISION
                             ORIGINAL SIDE

                             EC-COM/135/2024

                KINTETSU WORLD EXPRESS INDIA PVT LTD
                                 -VS-
                      RUBEE AIR FREIGHT LIMITED

  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : September 15, 2025.


                                                                 Appearance:
                                                        Mr. Debasish De, Adv
                                                       ...for the decree holder.

                                            Mr. Somnath Gangopadhyay, Adv.
                                                Mr. Tanmoy Chowdhury, Adv.
                                                    Ms. Sulagna Sarkar, Adv.
                                                    ...for the judgment debtor

         1.

The decree holder has filed the present execution proceeding for an

amount of Rs.53,61,505/- out of total decreetal amount, the judgment debtor

has paid Rs.14 Lakhs. The matter was fixed on 31 st July, 2025, on the said

date also none appeared on behalf of the judgment debtor but on 21 st March,

2025 when the matter was taken up for hearing, the Counsel for the judgment

debtor submits before this Court that judgment debtor shall pay the remaining

amount within fortnight.

2. In spite of undertaking given before this Court neither the

judgment debtor appearing before this Court nor has paid any further amount.

3. When the matter is called today, learned Counsel appearing for the

judgment debtor prays for time.

4. This Court has enquired whether the judgment debtor is present,

learned Counsel for the judgment debtor submits that judgment debtor is not

present.

5. Counsel for the decree holder submits that the last payment was

made on 3rd December, 2024 and since then no amount has been paid.

6. Considering the above, this Court finds that this is a fit case to

issue warrant against the judgment debtor as the judgment debtor in spite of

undertaking given before this Court fail to pay the amount. Let the warrant be

issued against the judgment debtor.

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

requisite in the department for issuance of warrant against the judgment

debtor.

8. Let the matter appear on 4th November, 2025.

(KRISHNA RAO, J.)

S.De