Saraf Agencies Pvt. Ltd vs Kanoria Jute And Industries ...
2022 Latest Caselaw 1285 Cal/2

OD-34
                                  EC/95/2022
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE


                         SARAF AGENCIES PVT. LTD.
                                    VS
                    KANORIA JUTE AND INDUSTRIES LIMITED

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 6th April, 2022.

Appearance:

Mr. Aniruddha Mitra, Adv.

Mr. Abir Debnath, Adv.

Mr.Urbi Ray, Adv.

Mr. Subhojit Roy, Adv.

Mr. Arik Banerjee, Adv.

Mr. S. Chatterjee, Adv.

Mr. D. Ghorai, Adv.

The Court:- This is an application for execution of a decree dated 26

August 2019. The decree is for eviction of the judgment debtor from the suit

premises. The suit property is situated on the 2nd Floor of Premises No.4/1, Red

Cross Place, Kolkata -700001, morefully described at page 6 of the affidavit in

support of the Tabular Statement.

It is submitted on behalf of the decree-holder that the decree has become

final and binding and there is no pending challenge against the same.

The judgment-debtor is represented. It is submitted on behalf of the

judgment-debtor that they need some time to vacate the suit premises and they

intend to vacate 75% by June, 2022 and the balance 25% by December, 2022.

It is an admitted position that the decree sought to be executed has

become final and binding.

Accordingly, there is no question of the judgment-debtor being granted any

further opportunity or discretion.

In view of the aforesaid, there shall be an order for appointment of a

Special Officer for the purpose of making an inventory of the suit premises and

remain in symbolic possession till the decree is executed.

Mr. Vivek Basu, Advocate, a member of the Bar Library Club, [Mob: 98300

14375] is appointed as a Special Officer to carry out the aforesaid directions. The

Special Officer shall be entitled to an initial remuneration of 2000 gms. Liberty is

also granted to the Special Officer to take police assistance if the circumstances

so warrant.

The Special Officer should file a Report on the returnable date.

Let this matter appear on 27 April 2022.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh