Citation : 2025 Latest Caselaw 2811 Cal/2
Judgement Date : 25 September, 2025
OCD-26 to 28
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
EC-COM/511/2024
LIFELINE VINCOM PRIVATE LIMITED
VS
NIL KANTHA SAHA
&
EC-COM/512/2024
SHINING VYAPAR PRIVATE LIMITED
VS
M/S PRIYANTI CONSTRUCTION AND ORS
&
EC-COM/8/2025
SHINING VYAPAR PRIVATE LIMITED
VS
NIL KANTHA SAHA
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: September 25, 2025.
Appearance :
Mr. Rohit Banerjee, Adv.
Ms. Kanchan Jaju, Adv.
Ms. Sreha Das, Adv.
...for the decree-holder
Ms. Dipika Banu, Adv.
Ms. Bolivia Roy, Adv.
... for the judgment-debtor
1.
Though the matter is fixed today for examination of judgment debtor
but learned Counsel for the judgment debtor submits that the
judgment debtor is not well and is under medical treatment and he
prays for time.
2. Learned Counsel for the decree holder relied upon the judgment in
the case of Periyammal (Dead) through Lrs. and Others Vs. V.
Rajamani and Another reported in 2025 SCC Online SC 507
wherein the Hon'ble Supreme Court has held that requiring execution
proceeding to be completed within a period of six months from the
date of filing.
3. The Hon'ble Supreme Court also reiterated the judgment passed in
the case of Bhoj Raj Garg Vs. Goyal Educational And Welfare
Society.
4. Learned Counsel for the judgment debtors has assured before this
Court on the next fixed the judgment-debtors will be present before
this Court for examination.
5. Accordingly, for the interest of justice, the case is adjourned.
6. Let the matter appear on 14th November, 2025 at 11:30 am for
examination of judgment debtors.
7. It is made clear that on the date fixed if the judgment debtors fail to
appear before this Court for any reason, appropriate orders will be
passed.
(KRISHNA RAO, J.)
Sbghosh
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