The Estate Officer vs Sri Dipankar Chakraborty
2022 Latest Caselaw 392 Cal

16      08.02.2022                     FAT 511 of 2019
                                                with
Ct-08                                  I.A No. CAN 2 of 2020

                          The Estate Officer, South Eastern Railway & Ors.
                                                 Vs.
                                     Sri Dipankar Chakraborty
ar

                         Mr. Mukesh Kumar Gupta
                                        ... For the Appellants

                         Mr. Niladri Naryan Ray
                                           ... For the Respondent

Re: CAN 2 of 2020

This is an application for stay of operation of the judgment and decree dated 17th November, 2017 in a money suit being No. 232 of 2009. The learned counsel for the appellants submits that the learned trial court has failed to appreciate that the plaintiff was unauthorisedly residing along with Sri Pabitra Kumar Halder, a railway employee, in the railway quarter and has directed refund of the house rent allowances deducted by the appellant towards damage for such wrongful occupation. However, we find that the learned trial judge has relied upon earlier proceeding between the parties and opined that in view of the earlier proceeding the right of the plaintiff has been conclusively decided and accordingly decreed the suit. The trial judge was of the view that in view of the order passed in P.P Appeal, the deduction of salary commencing from November 2002 was not permissible.

Learned counsel for the appellants further submits that execution proceeding was initiated by the plaintiff and unless the operation of this

judgment and decree is stayed, it cause

irreparable loss and might render this appeal infructuous.

On such consideration, we direct the appellants to deposit the decretal dues along with interest calculated till January, 2022 with the executing court, upon prior intimation to the plaintiff, within 22nd February, 2022, failing which the order of stay shall stand automatically vacated without any further reference to this court. However, there shall be an unconditional stay of operation of the judgment and decree till 22nd February, 2022.

The executing court shall invest the said amount in a suitably fixed deposit scheme of a nationalised bank till disposal of the appeal. However, in the event such deposits are not made, the plaintiff will be entitled to proceed with the execution proceeding.

In view of the aforesaid order, CAN 2 of 2020 is disposed of.

The appellants are given liberty to prepare and file requisite number of informal paper books with proper index upon prior service to the plaintiff/decree-holder.

The parties shall be at liberty to mention the hearing of the appeal after completion of paper books.

(Ajoy Kumar Mukherjee,J.) (Soumen Sen, J.)