Rita Dey @ Bobby vs Subrata Dey
2022 Latest Caselaw 4287 Cal

                                                1




7    18.07.2022                          F.A.T. 73 of 2020
SB   Ct. No. 8                                  with
                                          CAN 1 of 2020
                                                 +
                                          CAN 2 of 2020

                                         Rita Dey @ Bobby
                                                Vs.
                                            Subrata Dey


                               Mr. Tanmoy Mukherjee
                               Mr. Amal Kr. Saha
                               Ms. Iresh Paul
                               Mr. Souvik Das
                               Mr. K. Rihan Ahmed
                               Mr. Rudranil Das
                               Mr. S. Panda       ... for the appellant

                               Mr. Sanjoy Mukherjee
                               Mr. Saurav Chaudhuri        ... for the O.P.



                        The disclosure affidavit filed by the appellant in terms of

                  the judgement of the hon'ble Supreme Court in the case of

                  Rajnesh vs. Neha reported in (2021) 2 SCC 314 is taken on

                  record. However, no affidavit is filed by the husband.

                        Learned counsel appearing on behalf of the husband has

                  fairly submitted that the said affidavit is not in the prescribed

                  form given in the aforesaid judgment as enclosure-I.

                        Considering the affidavit of assets and liabilities disclosed

                  by the wife and also having taken into consideration the

                  submissions made by the learned advocates for the parties that

                  there is a fair chance of settlement between the parties, we

                  direct the respondent / husband to pay a further sum of Rs.1

lakh within two weeks from date subject to further order that may

be passed in the pending proceeding. It is recorded that the

husband has already paid a sum of Rs.1 lakh in terms of the

order dated 4th July, 2022.

Let the matter appear in the list five weeks hence.

In the event, the settlement is arrived at between the

parties, the same may be filed before the next date of hearing so

that the said application is taken up along with the appeal.

We make it clear that in the event, no settlement is

reached by and between the parties by the adjourned date the

appeal shall be taken up for hearing on the next date and no

adjournment shall be granted to the parties on the next date of

hearing.

Mr. Saurav Chaudhuri, learned advocate is appearing on

behalf of the opposite party. Therefore, formal service of notice

of appeal on the opposite party is dispensed with and the appeal

is treated as ready as regard service by appearance.

We call for the lower Court's record through a special

messenger at the cost of the appellant and such cost is to be put

in within two weeks from date.

Immediately after arrival of the lower court's record office

shall examine the same and, if found complete, shall serve

notice of arrival of lower court's record on the learned advocate

for the appellant at once.

The appellant is given liberty to prepare and file requisite

number of paper books-printed, typewritten or cyclostyled, as

the case may be - within a period of four weeks from the date of

service of notice of arrival of lower court's record on the learned

advocate for the appellant.

Liberty to mention the appeal for early hearing after the

same becomes ready.

The application being CAN 1 of 2020 is disposed of.

Re : CAN 2 of 2020

An interim order was passed on 9th June, 2022 in respect

of CAN 2 of 2020 shall continue till the disposal of the appeal.

The informal paper book shall contain the affidavit of

assets and liabilities by the appellant and to be filed by the

respondent

The application being CAN 2 of 2020 is disposed of.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)