Allied Publishers Private Limited Vs. Timely Books Centre and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1060483
CourtKolkata High Court
Decided OnSep-04-2013
JudgeSOUMEN SEN
AppellantAllied Publishers Private Limited
RespondentTimely Books Centre and ors.
Excerpt:
order sheet cs no.38 of 2008 in the high court at calcutta ordinary original civil jurisdiction original side allied publishers private limited versus timely books centre & ors.before: the hon'ble justice soumen sen date :4. h september, 2013. appearance: mr.suvadeep sen, adv.mr.anubhav sinha, adv.mr.sarathi dasgupta, adv.the court: mr.anubhav sinha the advocate commissioner, appears and submits that the advocate-on-record for the chancellor, masters and scholars of university of oxford, has communicated to the commissioner by a letter dated 3rd august, 2013 that the judgment debtors.namely, the defendants in this proceeding, did not submit any books of account or any document in the execution proceeding, being ec no.88 of 2010, initiated by the chancellor, masters and scholars of university of oxford, for execution of a money decree against the defendants and the said advocate-on-record has also made available the affidavits filed by the said defendants as judgment-debtors in the said proceeding which does not disclose any such document or account. the manager, indian bank, ganesh chandra avenue also was approached on a number of occasion but the said bank has failed to furnish the required details and documents regarding occ account no.412664147 from 1st january, 2002 till 31st december, 2006, as directed by this court on 3rd june, 2013. the commissioner has approached the bank on a number of occasion. the manager indian bank 1, ganesh chandra avenue is directed to furnish all details regarding occ from 1st january, 2002 till 31st december, 2006 within one week from the date of communication of this order by the commissioner, failing which the court shall be constrained to pass appropriate orders against the said bank. the defendants in view of the communication made on behalf of the chancellor, masters and scholars of university of oxford shall take appropriate instructions in the matter and shall produce required documents and accounts before the advocate-commissioner so as to enable the advocate commissioner to comply with the directions passed by this court on 3rd june, 2013. accordingly, time to file the report by the advocate commissioner is extended till 7th october, 2013. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (soumen sen, j.) sp/
Judgment:

ORDER

SHEET CS No.38 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ALLIED PUBLISHERS PRIVATE LIMITED Versus TIMELY BOOKS CENTRE & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :

4. h September, 2013.

Appearance: Mr.Suvadeep Sen, Adv.Mr.Anubhav Sinha, Adv.Mr.Sarathi Dasgupta, Adv.The Court: Mr.Anubhav Sinha the Advocate Commissioner, appears and submits that the Advocate-on-Record for the Chancellor, Masters and Scholars of University of Oxford, has communicated to the Commissioner by a letter dated 3rd August, 2013 that the Judgment DebtORS.namely, the defendants in this proceeding, did not submit any books of account or any document in the execution proceeding, being EC No.88 of 2010, initiated by the Chancellor, Masters and Scholars of University of Oxford, for execution of a money decree against the defendants and the said Advocate-on-Record has also made available the affidavits filed by the said defendants as judgment-debtors in the said proceeding which does not disclose any such document or account.

The Manager, Indian Bank, Ganesh Chandra Avenue also was approached on a number of occasion but the said bank has failed to furnish the required details and documents regarding OCC account no.412664147 from 1st January, 2002 till 31st December, 2006, as directed by this Court on 3rd June, 2013.

The Commissioner has approached the bank on a number of occasion.

The Manager Indian Bank 1, Ganesh Chandra Avenue is directed to furnish all details regarding OCC from 1st January, 2002 till 31st December, 2006 within one week from the date of communication of this order by the Commissioner, failing which the Court shall be constrained to pass appropriate orders against the said bank.

The Defendants in view of the communication made on behalf of the Chancellor, Masters and Scholars of University of Oxford shall take appropriate instructions in the matter and shall produce required documents and accounts before the Advocate-Commissioner so as to enable the Advocate Commissioner to comply with the directions passed by this Court on 3rd June, 2013.

Accordingly, time to file the report by the Advocate Commissioner is extended till 7th October, 2013.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.

(SOUMEN SEN, J.) SP/