Kishanlal Sharma vs Central Warehousing Corporation ...
2022 Latest Caselaw 2192 Cal/2

OD - 4

                         ORDER SHEET
                          EC/155/2021
                IN THE HIGH COURT AT CALCUTTA
              ORDINARY ORIGINAL CIVIL JURISDICTION
                         ORIGINAL SIDE

                     KISHANLAL SHARMA
                            VS
         CENTRAL WAREHOUSING CORPORATION AND ORS.


BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN

Date : 16th August, 2022.

Appearance:

Ms. Sonal Shah, Adv.

Mr. Kushagra Shah, Adv.

...For the decree-holder Mr Dipak Kumar Bhattacharyya, Adv.

Mr. Sobhan Majumder, Adv.

...for judgment debtor

The Court : Heard learned counsel appearing for the parties.

This execution application has been filed by the decree holder for

execution of the judgment and decree dated 16th March, 2021 for

decretal amount of Rs. 8,87,832/-. Till date judgment-debtor could not

produce any order from the Appeal Court staying the aforesaid judgment

and decree. Petitioner was given an opportunity to file affidavit-in-

opposition and affidavit of assets. Today in Court affidavit-in-opposition

has been filed but no affidavit of assets has been filed. However, learned

counsel appearing for the judgment-debtor on instruction from his

advocate-on-record submits that judgment-debtor is agreeable to deposit

aforesaid decretal amount with the Registrar, Original Side and

considering his such submission judgment-debtor is directed to deposit

the aforesaid decretal amount with the Registrar, Original Side by 30th

August, 2022 who will invest the same in an interest bearing fixed

deposit with any nationalised bank for a period of one year and which

may be renewed from time to time till the disposal of this execution

application.

In case of default in depositing the aforesaid amount with the

Registrar within the time stipulated herein, there will be an order in

terms of prayer (c ) under column 10 of the Tabular Statement.

This matter is adjourned for a period of four weeks.

Time to file affidavit of assets is extended by two weeks.

(MD. NIZAMUDDIN, J.) TR/