Calcutta High Court
Ashok Kumar Paul vs Uco Bank on 29 August, 2022
OD - 2 & 3
ORDER SHEET
IA GA 2 of 2022
IA GA 3 of 2022
EC/85/2017
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
ASHOK KUMAR PAUL
VS
UCO BANK
BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN
Date : 29th August, 2022.
Appearance:
Mr. Nilanjan Adhikari, Adv.
Ms. Tarunika Pal, Adv.
...For the applicant
Mr. Debdut Mukherjee, Adv.
...For the respondent decree-holder
The Court : Heard learned counsel appearing for the parties.
Affidavit-in-opposition filed by the respondent decree-holder in
Court by delay of two days be accepted and be kept with the record.
This is an application by third party the West Bengal Co-operative
Spinning Mills Ltd. for addition of party claiming to be sub-tenant under
the judgment-debtor. It appears from record that the suit was decreed on
27th June, 1997 in favour of the plaintiff and against the
defendant/judgment-debtor and appeal against the aforesaid judgment
and decree was dismissed on 28th January, 2017. It also appears from
record that to the satisfaction of the aforesaid judgment and decree,
possession of the decreed premises in question was made over to the
decree-holder and decree was satisfied to this extent. It also appears
from record annexed to the affidavit-in-opposition to the aforesaid
application for addition of party who is a sub-tenant third party namely
the West Bengal Co-operative Spinning Mills Ltd. who has written a letter
contents of which are quoted as hereunder :
"We, being the employees of the Office, The West Bengal Co-
operative Spinning Mills Ltd., here by giving undertaking to the Deputy
Sheriff of Calcutta for removal of the structures, fencing, electrical, air-
condition, computers and other furniture within 4(four) working days in
presence of the Decree Holder or any other authorised representative of
such Decree Holder. In this regard we open the vault and calculating the
cash amounting to Rs. 13,677/- in Indian Currency and there after
locked the vault and keys remain in the custody of MD Ramjan Molla
being one of the contractual employees of this Office.
Entire excise for removal of structure will be commenced and
contemplated in presence of the bailiffs attached to the Deputy Sheriff of
Calcutta.
Accordingly we have delivered the possession of the premises in
favour of the representative of the Decree Holder named Rabindranath
Mondal and two copy of the keys has also been delivered in favour of
Rabindranath Mondal and possession has also been given exclusively
save and except by preparing a chart of the articles also be handed over
to the Deputy Sheriff of Calcutta and the Decree Holder and one copy
have also been preserved by Accounts Officer of the Society namely Ratul
Mukherjee.
In this context above the peaceful possession of the premises has
also been handed over to the representative of Decree Holder in presence
of the Deputy Sheriff."
Recording of this fact and considering the submissions of the parties
I do not find any merit to entertain this application for addition of party
by a third party sub-tenant after the judgment and decree in question
has been executed and fully satisfied to this extent and in view of the
aforesaid letter dated 8th August, 2022 written by the applicant sub-
tenant, this application being IA GA 2 of 2022 for addition of party is
dismissed.
By this order the application being IA GA 3 of 2022 is also
dismissed.
(MD. NIZAMUDDIN, J.)
TR/
