Shibnath Roy vs Unknown
2021 Latest Caselaw 2049 Cal

199   17.03.2021                            C.R.R. 592 of 2021
rkd    Ct. no.32


                   In the matter of: Shibnath Roy
                                                                          ....petitioner.

                   Mr. P. Mukherjee,
                   Ms. C. Mukhapahdyay,
                   Mr. S. Bhattacharyay,
                   Mr. O. F. Gazai
                                                                  ...for the petitioner.

                   Mr.   A. Bera,
                   Mr.   N. Debnath,
                   Mr.   A. Choudhary,
                   Mr.   A. Das
                                                         ...for the opposite party no.1.


                          Affidavit-of-service filed by the petitioner is taken on

                   record.

                          Vakalatnama filed by the opposite party no.1 is also taken

                   on record.

                          Learned counsel for the petitioner submits as follows. The

                   execution case is based of an order dated 06.07.2015 passed by

                   the    learned   trial   court   directing   payment    of   interim

                   maintenance. However, learned sessions court, in exercise of its

                   revisional jurisdiction, set aside the said order and directed the

                   learned trial court to give an opportunity to the husband to

                   cross-examine the witnesses and thereafter, pass a judgment.

                   The learned revisional court also directed the petitioner

                   husband to keep of paying maintenance to the wife and the

                   child at the rate of Rs.10,000/- per month. The warrant of

                   arrest has been issued against the petitioner by the learned

                   executing court in a proceeding for the execution of arrears of

                   maintenance for a period till 2013.
                          2




      Learned counsel for the opposite party no.1 submits that

a date may be fixed for the hearing of the case.

     Let this matter appear under the heading "Listed Motion"

two weeks hence.

     The warrant of arrest issued against the petitioner shall

remain stayed for a period of five weeks from this date.

      Liberty is granted to the parties to apply for extension or

modification or vacating of the interim order upon notice to the

other side.

      Pending hearing of the instant revision, the petitioner

shall continue to pay monthly interim maintenance allowance

to the wife and the child at the rate of Rs.10,000/- per month

as directed by the learned session court, by an order dated

06.07.2015

, passed in Criminal Revision No.160 of 2013.

Urgent photostat certified copy of the order, if applied for,

be given to the parties, upon usual undertakings.

(Jay Sengupta, J.)