Calcutta High Court (Appellete Side)
Jet Wings Travels & Anr vs Ernst & Young Llp on 14 June, 2019
1 Sl. June 14,
20. 2019 High Court at Calcutta Civil Revisional Jurisdiction C.O. 1453 of 2019 Jet Wings Travels & anr.
Versus ERNST & YOUNG LLP.
Mr. Shaunak Ghosh, Ms. Alotriya Mukherjee, ...for the petitioners.
In view of the nature of the order proposed to be passed, no prior service of this revisional application on the opposite party is deemed necessary.
The petitioners complain that the petitioners obtained a money decree against the opposite party, which has a limited presence in India.
By virtue of the impugned order, the petitioners were directed, in the execution case filed by the petitioners in connection with the money decree, to put in the requisites for service of the petitioners' application under Order XXI Rule 11 of the Code of Civil Procedure on the opposite party.
It is argued by the learned advocate appearing on behalf of the petitioners that in the event the application under Order XXI Rule 11 of the Code is not taken up for hearing immediately, the urgency will be lost, in so far as there are only limited assets of the opposite party in India.
In such view of the matter, the revisional application bearing C.O. 1453 of 2019 is disposed of by directing the executing court to take up on merits and decide the ad interim prayer of the petitioners for attachment of the valuable assets of the opposite party without insisting on prior service of notice on the opposite party. However, this order shall not be construed as negating the necessity of service of the main application on the opposite party. The trial court is only directed hereby to take up the ad interim prayer of the petitioners 2 for attachment while the direction for service of the main application remains intact.
There will be no order as to costs.
Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.
( Sabyasachi Bhattacharyya, J. ) Dns