Pvr Inox Limited vs Zaid Alam on 24 January, 2025

Calcutta High Court

Pvr Inox Limited vs Zaid Alam on 24 January, 2025

OCD-2

EC-Com/471/2024
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE

PVR Inox Limited
Versus
Zaid Alam

Before:

The Hon’ble Justice PARTHA SARATHI SEN
Date: 24th January 2025

Appearance:

Mr. Arnab Mukherjee, Advocate
Mr. C. S. Sarkar, Advocate
Mr. A. R. Tiwari, Advocate
Ms. Shreyasi Manna, Advocate
for the decree-holder
Mr. R. A. Khan, Advocate
for the judgment-debtor

The Court: At the outset, learned Advocate for the decree-

holder draws attention of this Court to the judgment and decree as

passed in CS/94/2017 on November 23, 2017 whereby and

whereunder a decree for a sum of Rs.47,23,852/- together with

interest at the rate of 7% was passed against the defendant who is the

judgment-debtor in the instant execution case. In his next fold of

submission, learned Advocate for the decree-holder draws attention of

this Court to the Tabular Statement of the application for execution. It

is submitted that in column 10 the decree-holder has made
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appropriate prayers indicating the mode of execution of the said

decree. Drawing attention of this Court to paragraph nos. 13 and 14 of

the affidavit it is submitted on behalf of the decree-holder that in the

event the money lying with the bank account of the judgment-debtor,

particulars of which has been given in Annexure – D, is not secured

there will be nothing left for execution, since it is reasonably

apprehended by the decree-holder that the judgment-debtor may

siphon off the entire amount from the said account.

It is further submitted that from paragraph 14 of the affidavit

it would reveal that the judgment-debtor had kept the shop rooms,

particulars of which has been mentioned in paragraph 14 of the

instant affidavit, under lock and key and there is every apprehension

of the decree-holder that if the judgment-debtor creates any third

party interest over the said properties and/or transfer and/or assign

the said shop rooms to any third party, the decree as passed in favour

of the decree-holder would become infructuous. Learned Advocate for

the decree-holder thus prays for an interim protection.

Per contra, learned Advocate appearing on behalf of the

judgment debtor submits before this Court that he has not been

served with the execution application alongwith the supported

affidavit. It is further submitted that for setting aside the

aforementioned ex parte judgment and decree the judgment-debtor

has already preferred an application under Order IX Rule 13 of the

Code of Civil Procedure and the said is pending which is, however,
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disputed by the learned Advocate for the decree-holder, since,

according to the learned Advocate for the decree-holder, he has not

been served with any such application for setting aside of the ex parte

judgment and decree as yet.

It is further submitted on behalf of the judgment-debtor that

apprehension as expressed by the learned Advocate for the decree-

holder has got no basis at all.

On a careful consideration of the materials on record and

giving due consideration over the submissions of the learned

Advocates for the contesting parties, this Court directs that the decree-

holder shall serve a copy of the execution application alongwith the

supported affidavit upon the learned Advocate for the judgment-debtor

within three days from today.

Considering the urgency of the situation and also considering

the fact that an interim protection is very much necessary for

realisation of the decretal dues, the judgment-debtor is hereby

restrained from dealing with the account no.0668050010292 lying

with the PNB (earstwhile United Bank of India) Jawahar Lal Nehru

Road, Kolkata 700087 except by keeping a sum of Rs.47,23,852/- till

the last date of March, 2025.

It is further ordered that the judgment-debtor is hereby

restrained from creating any third party interest and/or from

transferring, assigning the shop room no. N2-048 at the second floor of

the New Market, New Complex as well as shop room nos. N2-24 and
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N2/136 at the second floor of the New Market, New Complex till March

31, 2025.

Let this matter be listed on February 21, 2025 under the

heading “Adjourned Motion”.

Liberty is given to the decree-holder to communicate this

order to the Branch Manager, PNB, Jawahar Lal Nehru Road, Kolkata-

700087 for his information and necessary compliance.

(PARTHA SARATHI SEN, J.)

R. Bose