Calcutta High Court
Padma Logistics And Khanji Pvt. Ltd vs Ideal Unique Realtors Pvt. Ltd on 4 January, 2022
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
ODC - 4
ORDER SHEET
IA No.GA/1/2021
In
CS/221/2021
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
PADMA LOGISTICS AND KHANJI PVT. LTD.
-VS-
IDEAL UNIQUE REALTORS PVT. LTD.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : January 4, 2022. [Via video conference] Appearance:
Mr. Anuj Singh, Adv.
Mr. Tilak Kumar Bose, Sr. Adv.
Mr. Paritosh Sinha, Adv.
Mr. Shaunak Mitra, Adv.
Mr. Saubhik Chowdhury, Adv.
Mr. Dripto Majumdar, Adv.
Mr. Debottam Das, Adv.
The Court : A shocking fact has been revealed by the Advocate on behalf of the plaintiff. It is submitted by the plaintiff that the particulars of the flats which had been furnished by the defendant before this Court on 22nd December, 2021 as an alternate security are non-existing. In any event, a substantial portion of the subject complex has been mortgaged with Yes Bank Limited under a Mortgage Deed dated 10th May, 2019. 2
The defendant is not in a position to controvert the aforesaid facts. Liberty is granted to the plaintiff to initiate appropriate proceedings in accordance with law against the defendant company and/or then responsible officers, if so advised, on the basis of an undated letter written by the defendant furnished before this Court on 22nd December, 2021.
In so far as GA No.1 of 2021 in CS No.221 of 2021 is concerned, hearing of the application stands concluded.
C.A.V. (RAVI KRISHAN KAPUR, J.) RS