Shree Shree Iswar ... vs Sri Surendra Yadav & Ors
2022 Latest Caselaw 2491 Cal

02.05.2022 (D/L-09) Ct.-18 (Susanta)

C.O. 2162 of 2021

Shree Shree Iswar Satyanarayanjee Ors.

-Vs-

Sri Surendra Yadav & Ors.

Mr. Pramit Kumar Ray, Mr. Subrata Sakar, Mr. Tirthankar Das, .... For the Petitioners.

Mr. Kushal Chatterjee, Mr. Debrup Choudhury, ... For the Opposite Parties.

The revisional application under Article 227

of the Constitution of India is directed against

the order dated November 22, 2021 passed by

the 2nd Court of learned Civil Judge (Senior

Division), Howrah in Miscellaneous Case No. 30

of 2021 arising out of Title Execution Case No. 6

of 2006.

The petitioners are the award holders in an

arbitration proceeding. The said award has been

put into execution in the connected Execution

Case.

The opposite parties in the said execution

case have filed an application under Section 47

of the Code of Civil Procedure registered as Misc.

Case No. 30 of 2021.

Mr. Pramit Kr. Roy learned senior advocate

for the petitioners submits that there is no

challenge to the award passed in the year 2006

but the Executing Court only for the pendency of

the said application under Section 47 of the

Code, by the order impugned has stayed the

further proceeding the said execution case.

Mr. Kushal Chatterjee, learned advocate

appearing on behalf of the judgment-

debtors/opposite parties submits that May 07,

2022 is the next date fixed for further hearing of

the said Misc. Case no. 30 of 2021 as such at

this stage interference to the order impugned is

not necessary.

Heard the learned advocate for the parties,

perused the materials on record.

The order impugned is bereft of reason. An

order of stay shall not automatically follow on the

filing of an application under Section 47 of the

Code.

However, the hearing of the said application

since is fixed on May 7, 2022, this Court is not

inclined to interfere with the order impugned but

it is expected that the Executing Court shall

dispose of the said Misc. Case no. 30 of 2021

within two weeks from the said date already

fixed for hearing of the said application and in

doing so shall not grant any unnecessary

adjournment to either of the parties.

It is made clear that all points including the

point of maintainability of the said application

under Section 47 of the Code is kept open.

C.O. 2162 of 2021 is disposed of with the

above terms without any order as to costs.

Urgent photostat certified copy of this order,

if applied for, be supplied to the parties subject

to compliance with all requisite formalities.

(Biswajit Basu, J.)