Calcutta High Court
J. H. Industrial Corporation vs Vijendra Kumar Goel on 13 March, 2025
OD-2
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
EC/507/2016
IA No. GA/1/2023, GA/4/2024
J. H. INDUSTRIAL CORPORATION
VS
VIJENDRA KUMAR GOEL
BEFORE:
The Hon'ble JUSTICE PARTHA SARATHI SEN
Date : 13th March, 2025.
Appearance:
Mr. Sourojit Dasgupta, Adv.
Mr. Subrata Bhattacharyya, Adv.
Ms. Dipa Bhattacharya, Adv.
Ms. Shipra Santra, Adv.
... for judgment debtor.
1.
By filing IA No. GA/4/2024 the judgment debtor has made a prayer
permitting him to operate the bank account no.07941700000073
lying with Development Credit Bank, Shakespeare Sarani which was
attached by an order passed by a Coordinate Bench. At this
juncture, learned Advocate for the decree holder and learned
Advocate for the judgment debtor draws attention of this Court to
the order dated 27.02.2025.
2. It is submitted on behalf of the judgment debtor that pursuant to
the direction passed by this Court on 27.02.2025 while dealing with
the interlocutory application being IA No. GA/1/2023 the Receiver
has already taken symbolic possession of the 99% shares of the
judgment debtors as held in BWN Alliance Private Limited.
3. Such contention is not opposed by the learned Advocate for the
decree holder. It is further contended on behalf of the decree holder
that the values of the attached shares are required to be determined
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to ascertain as to whether the values of the said shares are sufficient
to fulfil the decretal amount together with accrued interest thereon.
4. It reveals that this Court has fixed IA No. GA/1/2023 for further
consideration on April 24, 2025.
5. This Court considers that for effective adjudication of IA No.
GA/4/2024 a report is required to be obtained from the learned
Receiver as to whether she has got possession of the share
certificates of the said share either in physical or in demat form as
well as the values of the said share as held by him/her as per
direction of this Court.
6. In view of such, the date of hearing of IA No. GA/1/2023 in
connection with the instant execution case is preponed to March 20,
2025 for further consideration. Let IA No. GA/4/2024 be also listed
on the said day for further consideration.
7. Learned Advocate for the decree holder is hereby requested to
communicate the server copy of this order to the learned Receiver as
appointed by this Court.
8. On the adjourned date learned Receiver shall have to submit a
report as indicated above before this Court after serving advance
copies of the same both to the learned Advocate for the decree holder
and the judgment debtor. Learned Receiver is further requested to
remain present in person before this Court at the time of hearing
instant execution case along with two interlocutory applications.
(PARTHA SARATHI SEN, J.)
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