OCD-7
In The High Court at Calcutta
[Commercial Division]
Original Side
EC-COM/227/2025
M/S EMERALD GREENSWARD
VS
MAHADEV PATRA
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : February 3, 2026.
Appearance:
Mr. Arnab Mukherjee, Adv.
Mr. B. K. Upadhyay, Adv.
...for the decree holder
Mr. Hareram Singh, Adv.
Mr. Saptarshi Rajan Chatterjee, Adv.
...for the judgement debtor
The Court :- This is an application for execution of a decree dated
August 12, 2014.
The Tabular Statement shows the decree was made for a sum of
Rs.25,00,000/- along with interest. The order passed by the executing
Court from time to time would show that the judgment-debtor had avoided
the service of notice of the execution proceeding.
Order of injunction has already been passed by Co-ordinate Bench
on July 28, 2025 in terms of Prayers (a) and (c) of the Tabular Statement.
The said order of injunction is still continuing.
Subsequently on repeated occasions the matter was taken up. By
orders dated November 20, 2025 and December 16, 2025 when the
judgment-debtor was represented, direction was passed by this Court upon
the judgement-debtor to secure a sum of Rs.10,00,000/- being a portion of
2
the decretal due with the Registrar, Original Side. The judgment-debtor has
failed and neglected to do so. The amount has not been secured.
In view of the above, Ms. Akshita Singh, learned Advocate
(Contact No.9051743707) and Ms. Ipsita Ghosh, learned Advocate
(Contact No. 8961069112) are appointed joint Receivers to visit and make
inventory of the immovable properties mentioned in paragraph 21 to the
execution application. They shall also take symbolic possession of all these
properties forthwith.
The joint Receivers before visiting the properties shall give at least
seven days notice to the learned Advocate on Record for the plaintiff who
shall communicate the judgment-debtor the date and time to visit the
properties and inventories thereof to be done by the joint Receivers.
The representative of the plaintiff and the representative of the
learned Advocate on Record for the plaintiff shall accompany the joint
Receivers. The judgment-debtor shall cooperate in every respect to the joint
Receivers in course of the visit and inventory of the properties. The plaintiff
shall make all necessary arrangements for conveyance for the joint Receivers
including their return.
The joint Receivers shall draw a minute at the time of visiting and
making inventory of all the properties when the representative of the plaintiff
along with the representative of its Advocate on Record and the judgment-
debtor shall be present and shall sign the minute.
The joint Receivers shall be paid an initial remuneration of
Rs.40,000/- each to be paid by the judgment-debtor.
EC-COM/227/2025
A.R., J.
In the event, any police assistance is required, the learned joint
Receivers shall inform the jurisdictional police authority along with a copy of
today's order so that an immediate police assistance is provided to them by
the jurisdictional police authority for completing their work as directed by
this Court.
The joint Receivers shall file their joint report on the next day.
The judgment-debtor shall also file an affidavit disclosing its
ownership qua the properties and if the judgment-debtor has transferred the
properties, the same shall also have to be mentioned with date and other
particulars. In this regard copies of all supportive documents shall be
disclosed by the judgment-debtor through the said affidavit. Such affidavit
shall be filed in the meantime.
The matter shall appear under the heading "New Chamber
Application" on February 26, 2026.
It is made clear that in the event, the judgment-debtor shall deposit
the said sum of Rs.10,00,000/- as directed earlier with the Registrar,
Original Side, the judgment-debtor shall be at liberty to mention the matter
immediately thereafter.
(ANIRUDDHA ROY, J.)
Sbghosh
EC-COM/227/2025
A.R., J.
