Others vs Uco Bank And Another
2021 Latest Caselaw 3930 Cal

   18
23.07.2021

TN

CO No.1263 of 2021

Bhagwati Prasad Jhunjhunwala (HUF) and others Vs.

UCO Bank and another

(Via video conference)

Mr. Mainak Bose

.... for the petitioners

The short question, raised in the revisional

application, prima facie has merits and ought to be

decided at the final hearing of this revisional

application. Such question is, whether the court below

acted without jurisdiction in relegating the execution

case pending in connection with a decree for mesne

profits, which fell within the definition of "commercial

disputes", to a regular civil court on the ground that

there might be a conflict between the decree for mesne

profits and an application filed before the regular Civil

Court by the defendant-Bank for setting aside the

decree under Order IX Rule 13 of the Code of Civil

Procedure.

It is arguable as to whether the execution of the

decree for mesne profits, which was passed and

sought to be executed before the Commercial Court,

could be relegated to the Civil Court of Ordinary

Original Jurisdiction, particularly in view of the

independent decree of mesne profits being the subject-

matter of the execution case and not the other portion

of the decree regarding eviction.

Accordingly, the petitioners shall serve a copy of

CO No.1263 of 2021 on the judgment debtor/opposite

party no.1 and/or its advocate(s) appearing in either

of the courts below, indicating that the matter will be

enlisted next on August 2, 2021, when the petitioner

shall file an affidavit-of-service.

The operation of Order No.20 dated April 13,

2021 passed by the Judge, Commercial Court at

Alipore in Money Execution Case No.6 of 2019 as well

as all further proceedings of the execution case shall

remain stayed till August 15, 2021 or until further

orders, whichever is earlier.

(Sabyasachi Bhattacharyya, J.)