Numazar Dorab Mehta & Ors vs The Assam Company India Limited
2021 Latest Caselaw 1276 Cal/2

                                             1




OD-10 & 23

                         IN THE HIGH COURT AT CALCUTTA
                          Ordinary Original Civil Jurisdiction
                                   ORIGINAL SIDE


                      IA NO:GA/9/2019 [OLD GA/1711/2019
                                IN CS/16/2007
                         NUMAZAR DORAB MEHTA & ORS.
                                      VS
                       THE ASSAM COMPANY INDIA LIMITED
                                     .....

EC/51/2019 NUMAZAR DORAB MEHTA & ORS.

VS THE ASSAM COMPANY INDIA LIMITED [FORMERLY KNOWN AS THE ASSAM COMPANY LIMITED] .....

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 4th October, 2021.

Mr. Jayanta Kumar Mitra, Mr. Ranjan Bachawat, Mr. Dhruba Ghosh, Senior Advocates, Mr. Snehashis Sen, Mr. Abhishek Banerjee, Advocates for decree holder.

Mr. Jishnu Chowdhury, Mr. Ajay Gaggar, Ms. Rakhi Purnima Pal, Mr. Subhojit Ghosh, Advocates for judgment debtor.

The Court: Heard the parties. It is submitted on behalf of the decree

holder that during the pendency of this execution petition the suit premises has

been handed over to the decree holder on 12th May, 2019. Accordingly, prayers

[a], [b], [c], [d], [e] and [f] of the instant execution petition have for all practical

purposes become infructuous. In so far as the prayer for mesne profits is

concerned, Mr. Chowdhury appearing on behalf of the judgment debtor submits

that the instant suit is no longer maintainable, inter alia, in view of the embargo

contained in the Insolvency and Bankruptcy Code, 2016. Hence, there is no

question of paying any mesne profits to the decree holder. This submission is

disputed by Mr. Mitra, Senior Advocate appearing on behalf of the decree holder.

It is also submitted on behalf of the decree holder that during the pendency

of the instant execution petition, the plaintiff no.5 has retired and one Mr. Pessi

Nanabhai Dadina has been substituted as petitioner no.5[a].

Liberty is granted to the plaintiff to take appropriate steps for correction of

the cause title and for incorporating the name of Mr. Pessi Nanabhai Dadina as

the plaintiff no.5[a].

The Department is directed to carry out the necessary corrections within a

period of four weeks from date.

Mr. Chowdhury appearing on behalf of the judgment debtor does not

oppose this prayer of the decree holder.

In view of the aforesaid, let this matter appear on 11th November, 2021 as

"Chamber Application for Final Disposal".

Leave is granted to the plaintiff/decree holder to re-verify the plaint.

Leave is also granted to substitute the plaintiff no.5[a].

(RAVI KRISHAN KAPUR, J.)

SK./pkd.