Shivani Properties Pvt Ltd vs Rama Shankar Pandey And Ors
2022 Latest Caselaw 2118 Cal/2

OD - 2

                         ORDER SHEET
                         IA GA 1 of 2022
                           EC/96/2022
                IN THE HIGH COURT AT CALCUTTA
              ORDINARY ORIGINAL CIVIL JURISDICTION
                         ORIGINAL SIDE

                    SHIVANI PROPERTIES PVT LTD.
                                VS
                  RAMA SHANKAR PANDEY AND ORS.


BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN

Date : 3rd August, 2022.

Appearance:

Mr. Sarosij Dasgupta, Adv.

Mrs. Arunima Lala, Adv.

...For the decree-holder

The Court : Heard learned counsel appearing for the decree-holder

who has filed this application for execution of the judgment and decree

dated 26th March, 2021.

On 6th July, 2022 when this application was taken up for hearing,

learned counsel appearing for the judgment debtor sought adjournment

on the ground that he will mention before the Appeal Court for enlisting

the appeal on 7th July, 2022 and on such prayer of the learned counsel

appearing for the judgment-debtors, matter was adjourned till 15th July,

2022. Again on 15th July, 2022 when the application was taken up for

hearing, learned counsel appearing for the judgment debtors prayed for

adjournment on the ground that the appeal in question against the

aforesaid judgment and decree has been fixed on 21st July, 2022 and

considering such prayer, matter was adjourned till 25th July, 2022. Again

on 25th July, 2022, learned counsel appearing for the judgment debtors

prayed for adjournment as a last chance and considering his prayer,

matter was adjourned till 29th July, 2022. When the matter was called on

29th July, 2022, none appeared for the judgment debtors. Learned

advocate appearing for the decree-holder was asked to serve a copy of the

notice upon the judgment-debtors directly as well as on their advocate-

on-record and accordingly in compliance of the said order dated 29th

July, 2022, notices were served upon the judgment debtors and their

counsel and learned advocate appearing for the decree-holder has filed a

document to show that service has been effected as per direction of this

Court dated 29th July, 2022.

Today when the matter was called, again none appeared for the

judgment-debtors and no accommodation was sought.

Considering the facts and circumstances and the discussions made

above, let there be an order in terms of prayer (b) under Column 10 of

the Tabular Statement.

Let the Receiver file a report of implementation of this order by 17th

August, 2022. Further remuneration of the Receiver will be determined

later on. List this matter on 17th August, 2022.

Since none appeared to press this application being IA GA 1 of 2022

and no accommodation was sought, the same is dismissed for default.

(MD. NIZAMUDDIN, J.) TR/