Shree Shree Iswar ... vs Amstar Investments (P) Ltd
2022 Latest Caselaw 667 Cal/2

OD-15
                                     EC/599/2018
                          IN THE HIGH COURT AT CALCUTTA
                           Ordinary Original Civil Jurisdiction
                                    ORIGINAL SIDE
                                 (Via Video Conference)


                  SHREE SHREE ISWAR SATYANARAYANJEE & ORS.
                                     VS
                         AMSTAR INVESTMENTS (P) LTD.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 24th February, 2022.

Appearance:-

Mr. Arindam Banerjee, Adv.

Mr. Animesh Paul, Adv.

Ms. Sormi Dutta, Adv.

Mr. Joy Saha, Sr. Adv.

Ms. Urmila Chakraborty, Adv.

Mr. Aasish Choudhury, Adv.

Mrs. Aindrila Basu, Adv.

The Court:- This is application for execution of a decree dated 21 April

2015. It is submitted by both parties that there is no embargo in this Court

proceeding in executing the decree. By the decree, the decree-holder seeks

possession of a suit premises being premises no. 23, 23/1 and 24, J.N.

Mukherjee Road, Howrah-711106.

Mr. Joy Saha, Senior Advocate appearing on behalf of the judgment-debtor

submits that there are appeals pending against the decree and the same are yet

to be finally heard.

In view of the fact that there is no stay of the decree, I appoint Mr. Satyaki

Mukherjee, Advocate, a member of the Bar Library Club, as Receiver to go and

visit the suit premises and file a Report as to the parties in actual physical

possession of the suit premises.

It is made clear that the Receiver will not interfere with the physical

possession of any of the parties at the suit premises.

The decree-holder is also directed to serve a notice on all the occupants of

the suit premises.

The Receiver is directed to file a Report as to the status of the suit

premises and inform the occupants of this execution proceeding. The Receiver

shall be entitled to an initial remuneration of 2500 GMs. All expenses on

account of the Receiver's travel shall be borne by the decree-holder at the first

instance. Liberty is granted to the Receiver to take police assistance, if the

circumstances so warrant.

Let this matter appear on 14 March 2022.

In the meantime, the judgment-debtors are directed to file their Affidavit in

Opposition, if any.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh