Citation : 2026 Latest Caselaw 1332 Cal/2
Judgement Date : 24 February, 2026
OCD-12In The High Court at Calcutta [Commercial Division] Original Side
EC-COM/355/2025
SUNDEEP BHUTORIA AND OTHERS VS WIGAN AND LEIGH COLLEGE INDIA LIMITED
BEFORE : THE HON'BLE JUSTICE ANIRUDDHA ROY Date :24th February, 2026
Appearance : Mr. Aritra Basu. Adv.(V.C) Mr. Dwip Raj Basu, Adv. ..for the decree-holder
Ms. Rajyashree Chowdhury Mukherjee, Adv. ..for the judgment-debtor
The Court :- The last order dated January 13, 2026 speaks for itself.
Mr. Aritra Basu, learned Advocate (V.C) with Mr. Dwip Raj Basu,
learned Advocate appears for the decree-holder.
Ms. Rajyashree Chowdhury Mukherjee, learned Advocate appears for
the judgment-debtor.
Affidavit of service filed in Court today on behalf of the decree-holder
is taken on record showing that necessary notice has already been served
upon the jurisdictional Regional Director, RBI. However, the direction of
this Court dated January 13, 2026 has not been complied with by the RBI
Authority. 2
In view of the above, the learned Advocate-on-Record for the decree-
holder shall serve a further notice along with a photocopy of the affidavit of
service and a copy of today's order upon the jurisdictional Regional Director,
RBI to enable the RBI Authority once more with an opportunity to comply
with the direction of this Court dated January 13, 2026. The decree-holder
shall file an affidavit of service on the next day, in this regard.
Ms. Rajyashree Chowdhury Mukherjee, learned Advocate appearing
for the judgment-debtor files an affidavit of assets of the judgment-debtor in
Court today, the same is taken on record. Copy has been served upon Mr.
Dwip Raj Basu, learned Advocate appearing for the decree-holder.
The conduct of the judgment-debtor and its Directors, prima facie,
shows that the judgment-debtor is avoiding the decree.
In view of the above, all the Directors and the persons named in
paragraph 38 of the execution application shall be personally present before
this Court on the next day with the relevant details of the bank accounts of
the judgment-debtor in connection with the Permanent Account Number
mentioned in the order dated January 13, 2026. A list of bank accounts
shall be produced before this Court on the next day. The list must also
contain the last six months' bank statements for every account.
It is made clear that in the event, any of the Directors of the
judgment-debtor or the persons named in paragraph 38 of the execution
application are not present on the next day, this Court may proceed to issue
warrant of arrest against the non-appearing persons.
EC-COM/355/2025 A.R., J.
The matter shall appear under the heading "New Chamber
Application" on March 19, 2026.
The Office of the Sheriff shall also serve copies of the order dated
January 13, 2026 along with a copy of today's order upon the jurisdictional
Regional Director, RBI.
Learned Advocate-on-Record for the decree-holder shall render all
assistance in this regard to the Office of the Sheriff. The Office of the Sheriff
shall also file a report on the next day.
(ANIRUDDHA ROY, J.)
bp.
EC-COM/355/2025 A.R., J.
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