Tci Finance Limited vs Godavari Commercial Services on 27 February, 2025

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This is an application under Section 47 of the Code of

Civil Procedure of the Judgmeent debtor where the judgement

debtor has challenged the executability of consent decree.

2. In course of his submission, Mr. Sen, learned Senior

Advocate appearing on behalf of the judgement debtor at the

very outset draws attention of this Court to the order dated

February 6, 2025, whereby and whereunder this Court passes an

order of injunction retraining the judgment debtor from
operating its bank account leaving apart certain sum as

mentioned in the said order.

3. It is submitted by Mr. Sen that the instant execution

case suddenly appeared on February 6, 2025 and thus the

judgement debtor could not get an opportunity to appear on

the said date and thus in absence of the judgment debtor a

favourable order has been passed in favour of the decree

holder, which is prejudicial to the judgment debtor,

particularly when the executability of the said decree has

been challenged by filing the instant application i.e. GA 1

of 2021.

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