OC-59
In the High Court at Calcutta
Commercial Division
Original Side
IA No.GA-COM/1/2025
In EC-COM/200/2025
DALGREEN AGRO PRIVATE LIMITED
VS
SHAIKH ASADUR RAHMAN AND ORS
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : April 7, 2026.
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
Mr. Aurin Chakraborty, Adv.
Ms. Sanchayita De, Adv.
... for the judgment-debtor no. 4
Mr. Ramij Munshi, Adv.
Mr. Rittick Chowdhury, Adv.
Ms. Champa Pal, Adv.
... for the judgment-debtor nos.6 & 7
The Court: Mr. Jayanta Sengupta, learned Advocate appears for
the decree-holder.
Mr. Sarosij Dasgupta, learned Advocate appears for the judgment-
debtor nos. 1 to 4. He shall argue on the point of jurisdiction on the next
day with regard to the maintainability of the execution proceeding.
Furnishing of security by Mr. Sarosij Dasgupta's clients shall be
considered on the next day.
2
Ms. Sanchayita De, learned Advocate appears for the judgment
debtor no.4.
From the affidavit of asset filed by the judgment debtor no.4,
affirmed on November 21, 2025, it appears that it has an office space at
premises no.35, Chitta Ranjan Avenue, comprising of an area of 340
sqft. It further appears that a sum of Rs.1.03 Crore is lying with Union
Bank of India, branch is not mentioned. The said sum can be recovered.
There shall be an order of injunction restraining the judgment
debtor no.4 and/or its men, agents, servants, assigns from withdrawing the
said sum of Rs.1.03 Crore or any part of it, lying with the Union Bank of
India, as mentioned in sub-paragraph (a) to paragraph 8 of the affidavit of
asset filed by the judgment debtor no.4, in any manner whatsoever until
disposal of the instant execution application.
The judgment debtor no.4 shall inform this Court on the next day
about bank details with branch and its account details.
There shall also be an order of injunction restraining the
judgment debtor no.4 and/or its men, agents, servants and assigns from
dealing with and/or disposing of and/or transferring and/or shifting the
plant and machinery, described in sub-paragraph (b) to paragraph 8 of the
affidavit, so filed by the judgment debtor no.4, in any manner whatsoever,
until disposal of the instant execution application.
Mr. Ramij Munshi, learned Advocate appears for the judgment
debtor nos.6 and 7. He submits that his clients have preferred Special
Leave Petition, which has been registered as SLP Diary No. 60904 of
2025. The said SLP has been preferred in the month of October, 2025 and
IA No. GA-Com/1/2025
In EC-COM/200/2025
A.R., J.
the same is lying as defective. The defect has not yet been cured and no
order of stay has been passed. However, the judgment debtor nos.6 and 7
have not taken the point of jurisdiction or the maintainability of this
execution proceeding before this Court. The affidavit of asset filed by the
judgment debtor nos. 6 and 7 is already on record.
There shall be an order of injunction restraining the judgment
debtor no.6 and/or its men, agents, servants, assigns from dealing with
and/or disposing of and/or encumbering and/or transferring and/or
creating any third party right, title and interest over and above the
immovable property, as mentioned in paragraph 8 of the affidavit of asset
filed by the judgment debtor no.6, in any manner whatsoever, until
disposal of the instant execution application.
Similarly, there shall be an order of injunction restraining the
judgment debtor no.7 and/or its men, agents, servants, assigns from
dealing with and/or disposing of and/or encumbering and/or transferring
and/or creating any third party right, title and interest over and above the
immovable property, as mentioned in paragraph 8 of the affidavit of asset
filed by the judgment debtor no.7, in any manner whatsoever, until
disposal of the instant execution application.
Judgment debtor no.5 is not represented.
The decree holder shall serve a copy of today's order along with
notice upon the judgment debtor no.5.
The order dated September 2, 2025 shows that there has been a
warrant of arrest already issued, inter alia, against the judgment debtor
no.5.
IA No. GA-Com/1/2025
In EC-COM/200/2025
A.R., J.
The office of the Deputy Sheriff is directed to take steps to give
effect to the said warrant of arrest forthwith, upon compliance of all
formalities by the plaintiff in accordance with law and the jurisdictional
police authorities shall render all cooperation in this regard to the Deputy
Sheriff.
The judgment debtor no.5 shall be produced before this Court,
upon being arrested on the next day.
The judgment debtor no.8 is a resident of Bangladesh who is also
not represented. Steps against the judgment debtor no.8 shall be
considered on the next day.
The matter shall appear under the heading "Chamber
Application for Final Disposal" on May 5, 2026.
(ANIRUDDHA ROY, J.)
RS
IA No. GA-Com/1/2025
In EC-COM/200/2025
A.R., J.
