Mjunction Services Limited vs Bijoy Kumar Gupta
2021 Latest Caselaw 560 Cal/2

Unlisted
                                     ORDER SHEET

                                      EC/230/2015

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


                            MJUNCTION SERVICES LIMITED
                                        VS
                                BIJOY KUMAR GUPTA


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 1st September, 2021.

[Via video conference]

Appearance:

Ms. Suchismita Chatterjee, Adv.

Mr. Malay Kr. Seal, Adv.

...for the decree-holder

Mr. Arkaprava Sen, Adv.

Mr. Mujibar Ali Naskar, Adv.

Mr. Subhankar Das, Adv.

....for the judgment-debtor

The Court: Let this matter be treated as on the day's list.

The judgment-debtor has been arrested yesterday and is produced in

Court today.

From the submissions made by the learned Counsel for the decree-

holder, it appears that a suit for recovery of sale proceeds was filed in 2008 and a

decree was passed in 2014. The execution proceedings thereafter commenced

from 2015 and it appears that the judgment-debtor is indebted to the plaintiff for

an amount of Rs.13.83 crores, inclusive of interest.

Learned Counsel appearing for the judgment-debtor seeks a day's time

to obtain instructions in the matter since, according to the Counsel, the relevant

papers are not available with him in Court today.

The judgment-debtor should be remanded in a civil prison, subject to

subsistence allowance being given by the decree-holder.

Since it has been submitted on behalf of the judgment-debtor that the

judgment-debtor suffers from some ailments, the Deputy Sheriff attached to this

Court shall ensure that the judgment-debtor can avail of suitable medical

services and attention while in civil imprisonment until further orders are passed

in the matter.

A copy of an order dated 6th March, 2020 passed by a co-ordinate

Bench has been placed by which the Deputy Sheriff General of Police, Jharkhand

was directed to take certain steps together with Deputy Sheriff attached to this

Court for communicating the order to the Deputy Inspector General of Police,

Jharkhand and for the concerned persons thereafter to take steps in the matter.

The report submitted by the Deputy Sheriff is kept on record.

List this matter tomorrow i.e. 2nd September, 2021 at 3:15pm.

Let the gist of this order be communicated by the Deputy Sheriff

attached to this Court and to the other concerned authorities.

(MOUSHUMI BHATTACHARYA, J.)

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