(M/S. G. S. Khemka & Associates vs Mira Seal & Ors.)
2022 Latest Caselaw 5120 Cal

    6
05.08.2022
Ct. No. 32
   rrc


                                  FAT 179 of 2022
                                        with
                                IA No. CAN 1 of 2022
                                        with
                                IA No. CAN 2 of 2022


                       (M/s. G. S. Khemka & Associates Vs.
                                Mira Seal & Ors.)

                   Mr. Surya Prasad Chattopadhyay
                   Mr. Arjun Samanta
                                           .... For the appellant


                   Mr. Sourav Sen
                   Ms. Adrisnata Chakraborty
                                          .... For the respondent

The present appeal has been preferred challenging

the judgment and decree dated 29th April, 2022 passed

by the learned Judge, Bench VII, City Civil Court,

Calcutta in Title Suit No. 948 of 2010.

In connection with the said appeal, an application

for condonation of delay of 42 days being CAN No. 1 of

2022 and an application for stay being CAN No. 2 of

2022 have been filed.

Upon hearing the learned advocates appearing for

the respective parties and upon considering the

averments made in the application for condonation of

delay, we are satisfied with the explanation given

towards the delay of 42 days in preferring the appeal.

Accordingly, such delay is condoned and the

application being CAN No. 1 of 2022 is disposed of.

It appears that the appellant is occupying half

portion of the first floor consisting of four rooms on the

western side of the premises no. P-21/22, Radha Bazar

Street, P.S.- Hare Street, Kolkata - 700 001.

We have been informed that an execution case has

already been filed.

There shall be an unconditional stay of further

proceedings in the said execution case pending in the

Court of the learned Judge, Bench VII, City Civil Court,

Calcutta till 15th September, 2022.

On the said returnable date, the appellant shall

place before this Court a Bank Draft of Rs.20,00,000/-

issued in the name of the respondent no. 2 (Subrata

Seal).

List the matter, accordingly, on 15th September,

2022 under the heading 'To Be Mentioned'.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)