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Shining Vyapaar Pvt. Ltd. v/s Keshar Multiyarn Mill Limited

    EC. No. 94 of 2017

    Decided On, 16 January 2018

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE SOUMEN SEN

    For the Appeariong Parties: Biswanath Chatterjee, Kuldeep Mullick, Nikita Jhunjhunwla, Soumya Kundu, Tanay Agarwal, Advocates.



Judgment Text

1. Leave is given to Mr. Krishnendu Pal Chowdhury, Advocate to enter appearance on behalf of the judgmentdebtor in this proceedings. Mr. Pal Chowdhury, Advocate shall file vakalatnama within ten days from date.

2. Ms. Nikita Jhunjhunwala, Advocate appearing for Reliance Industries Limited submits that no amount is due and payable by the said company to the judgment-debtor. Reliance Industries Ltd. shall

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file an affidavit disclosing its stand to such fact in this proceeding. Mr. Tanay Agarwal, learned Advocate representing Rupa & Co. and Imogi Fashions, on instruction, submits that the said garnishee has no debt to discharge. The said garnishee shall also file affidavit disclosing their stand in this proceedings. Mr. Soumya Kundu, Advocate appearing for Sharda Spuntex Pvt. Ltd. has prayed for some time to file an affidavit disclosing the amount, if any, payable to the judgment-debtor company by the next date of hearing.

3. Kumar Synthetics, Manisha Textiles Pvt. Ltd., Neeta Yarns, Pioneer Suitings Pvt. Ltd., Rishi Tex and Samman Fabrics Pvt. Ltd. have filed affidavits in which they have annexed the statement of accounts to show that there has been no transaction with the judgment-debtor company after July, 2013 in so far Kumar Synthetics is concerned and after 2014 for the rest of the garnishees. The said affidavits are taken on record.

4. Nishat Mills, Ltd., Vardhman Yarn, Vardhaman Yarns & Threads Ltd., Sri Tghirumalai Spinning Mills, Karwa Ydyug, kundan Mal Govind Narain, Keshar multiyarn Mill Ltd. and Om Narain Anurag Somani, in spite of notice are represented nor they have file any affidavit disclosing their stand in this proceedings.

5. Since the garnishees have refused to appear and show cause in answer to the notice, the said garnishees i.e., Nishat Mills Ltd., Vardhman Yarn, Vardhaman Yarns & Threads Ltd., Sri Thirumalai Spinning Mills, Karwa Ydyug, Kundan Mal Govind Narain, Keshar Multiyarn Mill Ltd. and Om Narain Anurag Somani, are required to deposit the amounts mentioned in Annexure-B to the supplementary affidavit affirmed on 13th September, 2017; failing which their properties shall be attached in this proceedings. Accordingly, Nishat Mills Ltd. is directed to deposit a sum of Rs. 56,065.00; Vardhman Yarn is directed to deposit a sum of Rs. 15,287.00; Vardhaman Yarns & Threads Ltd. is directed to deposit a sum of Rs. 55,992.88; Sri Thirumalai Spinning Mills is directed to deposit a sum of Rs. 1,09,478.00; Karwa Udyog is directed to deposit a sum of Rs. 10,21,449.00; Kundan Mal Govind Narain is directed to deposit a sum of Rs. 2,08,174.00; Keshar Multiyarn Mill Ltd is directed to deposit a sum of Rs. 31,627.00 and Om Narain Anurag Somani is directed to deposit a sum of Rs. 1,70,588.00 with the Registrar, Original Side within one week from the date of communication of this order; failing which their properties shall remain attached and this order shall be executed as a decree passed against such persons and/or entities.

6. The other garnishees represented by their Advocates shall file their affidavits by 28th February, 2018 and shall serve a copy thereof upon the Advocate-on-record of the decree-holder as well as the judgment-debtor.

7. The judgment-debtor has produced a cheque for a sum of Rs. 2.50 lakhs dated 16th January, 2018 in favour of the decree-holder. The said cheque is accepted on behalf of the decree-holder in Court today without prejudice to its rights and contentions. The judgment-debtor has, so far paid a sum of Rs. 9.50 lakhs as against the decretal dues of Rs. 20,21,888/- as on 31st March, 2017. It is submitted on behalf of the judgment-debtor that the judgment-debtor is willing to pay the decretal dues in instalments and has approached the decree-holder with a settlement proposal. The department shall issue the notices to the aforesaid garnishees within a week from the date of communication of this order. The costs, charges and expenses for service shall be deposited by the decree-holder.

8. The judgment-debtor shall pay a further sum of Rs. 3 lakhs by 28th February, 2018.

9. The matter stands adjourned till 6th March, 2018.
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