Calcutta High CourtEC-COM/431/2024disposed

J K Yarn Private Limited v. Thiruvalluvaar Textiles Private Limited

2025-06-24Hon'Ble Justice Krishna Rao2 pages

OCD-3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE EC-COM/431/2024 J K YARN PRIVATE LIMITED -VSTHIRUVALLUVAAR TEXTILES PRIVATE LIMITED

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : June 24, 2025.

Appearance:

Mr. Vikas Baisya, Adv.

Ms. Ranjana Seal, Adv.

...for the decree holder Mr. Sankarsan Sarkar, Adv.

Mr. Raja Baliyal, Adv.

Ms. Rajarshi Ganguly, Adv.

Mr. Vidya Bhaskar Upadhyay, Adv.

...for the judgment debtor

1. Mr. Vikas Baisya, learned Advocate, is appearing for the decree holder.

2. Mr. Sankarsan Sarkar, learned Advocate, is appearing for the judgment debtor.

3. The decree holder has filed the present execution proceeding for execution of the judgment and decree passed by this Court claiming an amount of Rs.2,08,87,399.20 on 19th June, 2025. The judgment debtors has paid an amount of Rs.1,46,00,000/- leaving a balance amount of Rs.62,87,399.20.

4. Now, counsel for the judgment debtor submits that the balance amount of Rs.62,87,399.20 has also been paid and the leaned counsel for the decree holder has confirmed that he has received the total decretal amount along with interest with full satisfaction.

5. Counsel for the decree holder submits that though this Court has passed a decree directing the defendant company for payment of the decretal amount and the decree holder has filed execution case against the company but the amount is paid by one of the directors of the company.

6. Counsel for the judgment debtor submits that though the amount has been paid by one of the directors of the company but that may be treated that the amount has been paid by the company and as the director has paid the total decretal amount, the decree holder shall not claim any further amount against the judgment debtor.

7. Thus, this Court finds that the decree holder has received the total decretal amount with full satisfaction, accordingly, ECCOM/431/2024 is disposed of.

8. The warrant of arrest against the judgment debtor is recalled and dropped.

(KRISHNA RAO, J.) sp3