Calcutta High Court
Beumer India Pvt. Ltd vs Swati Udyog Pvt. Ltd on 18 December, 2018
Author: Soumen Sen
Bench: Soumen Sen
O-575
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
G.A. 3127 of 2018
with
E.C. 551 of 2018
BEUMER INDIA PVT. LTD.
Versus
SWATI UDYOG PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 18th December, 2018.
Appearance:
Mr. Rahul Das, Adv.
Mr. Nikunj Berlia, Adv.
... for the decree holder The Court: This is an application for execution of a consent decree. This application was initially filed before the learned Civil Judge at Gurugram and thereafter it was transferred to this Court as the judgment debtor is carrying on business within the jurisdiction and the properties of the judgment debtor are situated within the jurisdiction of this Court. In the execution application before the Civil Judge (Junior Division)it was contended that in a mediation the parties entered into a settlement on 20th September, 2017 by which the judgement debtor agreed to pay a amount of Rs.62,89,814/- and the decree holder agreed to waive other part of the outstanding amount and also the interest. The 2 judgement debtor was to pay the aforesaid amount within a period of five months as per the schedule mentioned in the said settlement. The decree holder alleged that the judgment debtor failed to abide by the settlement and failed to deposit the instalment. Under such circumstances, there shall be an order of injunction restraining the judgment debtor from dealing with and/or disposing of or alienating any of their assets and properties until further order.
A copy of this application shall be served upon the judgment debtor within a week.
The matter shall appear under the heading 'New Chamber application' on 15th January, 2019 and in the event the judgment debtor is not represented, appropriate order shall be passed against the judgement debtor.
(SOUMEN SEN, J.) TO