Cic Society vs Sujata Gupta Winfield And Ors
2021 Latest Caselaw 170 Cal/2

OD 4

                                      ORDER SHEET

                                   IA GA 1 of 2019
                                (Old GA 519 of 2019)
                                  EC 1016 of 2015
                         IN THE HIGH COURT AT CALCUTTA
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                                  ORIGINAL SIDE

                                        CIC SOCIETY
                                            VS
                                 SUJATA GUPTA WINFIELD AND ORS.

  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 19th February, 2021.

(Via Video Conference) Mr. Sudip Deb, Mr. Abhishek Jain, Mr. Riju Ghosh, Advs.

...for the award-holder Mr. Satadeep Bhattacharyya, Mr. Surojit Biswas, Advs.

...for the judgment-debtors

The Court: The decree-holder seeks various orders in a pending execution

proceeding.

Learned advocate appearing for the decree-holder submits that, the judgment-

debtors removed mural tiles from the existing walls. The judgment-debtors are not

allowing the decree-holder to put up the mural tiles from the outer walls. The judgment-

debtors are preventing the decree-holder from dismantling and selling the air-condition

plant and scrap materials from the site. He seeks various orders thereto.

Learned advocate appearing for the judgment-debtors submits that, his client did

not remove any mural tiles. He submits that, the decree-holder is at liberty to put up the

mural tiles. So far as the disposal of air-condition plant and scraps are concerned, he

suggests that the decree-holder for the parties may inventorise the materials available

and sell the same so that best available price is fetched.

The parties entered into terms of settlement. The settlement was modified from

time to time. One of the modified terms of settlement is appearing from the letter dated

September 22, 2008. Clause 21 of such terms of settlement contained in the letter dated

September 22, 2008 deals with air-conditioning plant.

In view of the apprehension expressed by the judgment debtors it would be

appropriate to appoint the advocates-on-record for the decree-holder and the judgment-

debtors as joint Special Officer without remuneration to oversee the dismantling and

selling of the air-condition plant and scarp materials lying at the premises. The joint

Special Officers will make an inventory the goods and will proceed to sell the same at the

best available price.

So far as the mural tiles are concerned, it would be appropriate to permit the

decree-holder to put up mural tiles at the locale. No objection of the judgment-debtors

with regard thereto is placed on record. It is clarified that putting up of the mural tiles

will not create any other right, title and interest and equity in favour of the parties save

and except what the parties already enjoy.

It is expected that the joint Special Officers complete the entire exercise within a

period of four weeks from date.

IA GA 1 of 2019 in EC 1016 of 2015 is disposed of accordingly.

(DEBANGSU BASAK, J.)

TR/