Sulochana Poddar vs Kamlesh Agarwal
2026 Latest Caselaw 171 Cal/2

Calcutta High Court

Sulochana Poddar vs Kamlesh Agarwal on 20 January, 2026

  OD-11


                            ORDER SHEET
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE

                                  EC/2/2026

                            SULOCHANA PODDAR
                                    VS
                             KAMLESH AGARWAL

  BEFORE:
  The Hon'ble JUSTICE ANANYA BANDYOPADHYAY

Date : 20TH January, 2026.

Appearance:

Ms. Susmita Chatterjee, Adv.

Mr.A. P. Agarwalla, Adv.

Ms. Dipanwita Ganguly, Adv.

For the decree holder/applicant

Mr. Varun Kothari, Adv.

Mr. Nikunj Berlia, Adv.

Ms. Urvashi Jain, Adv.

Mr. Mohit Chamaria, Adv.

For the judgment debtor

The Court : The Learned Advocate representing the Decree-Holder

referred to the Order dated 23rd July, 2025 passed by the Division Bench of

this Court in APDT/8/2025 with CS/176/2022 in GA/1/2025.

The Division Bench of this Court, inter alia, stated as follows :

"There will be an unconditional stay of operation of the decree for a period of three weeks from date (August 13, 2025). If the appellant secures the decretal amount within that time period to the satisfaction of the Learned Registrar, Original Side, the order of stay shall continue till disposal of the appeal. In default, the order of stay shall stand automatically vacated and the decree- holder will be at liberty to put the decree in execution."

The Learned Advocate representing the Decree-Holder submitted that

the sole Judgement Debtor failed to comply with the Order of the Division

Bench in securing the decretal amount in view of the report furnished by the

department dated 3rd September, 2025 intimating the Learned Advocate

representing the Decree-Holder that, "No decretal amount has yet been secured

by the appellant by way of any instrument with this Registry in compliance with

the order dated 23rd July, 2025 passed by the The Hon'ble Justice Arijit Banerjee

and the Hon'ble Justice Om Narayan Rai".

The Learned Advocate representing the Judgement Debtor submits to

have not received a copy of the instant execution case and seeks for the same.

The Learned Advocate representing the Decree-Holder is to serve a copy

of the execution application upon the Learned Advocate representing the

Judgement Debtor who is to file the affidavit-of-assets on the next date of

hearing.

Next date of hearing be fixed on 19 th February, 2026.

(ANANYA BANDYOPADHYAY, J.)

A Dey