Mjunction Services Ltd vs Bijoy Kumar Gupta
2022 Latest Caselaw 2711 Cal/2

OD-4
                                ORDER SHEET

                                 EC/230/2015

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                         MJUNCTION SERVICES LTD.
                                   VS
                           BIJOY KUMAR GUPTA

  BEFORE:
  The Hon'ble JUSTICE BIBHAS RANJAN DE

Date : 10th November, 2022 Appearance:

Mr. S. Ghosh, Adv.

Mr. Malay K. Seal, Adv.

...for the decree-holder

Ms. Monika Kalra, Adv.

Mr. Farhan Ghaffar, Adv.

Ms. Shilpa Jati, Adv.

...for the judgment-debtor

The Court: The judgment-debtor has failed to appear before this Court in

terms of the order dated 22nd September, 2022 in spite of undertaking to

appear before this Court as and when the judgment-debtor may be directed

to do so.

Learned Advocate appearing on behalf of the judgment-debtor has

submitted that the judgment-debtor could not appear before this Court

today due to his ailments. In support of his submission, he shows one

photocopy of medical prescription issued by the Medical College Hospital.

On careful scrutiny of the photocopy of the medical prescription, I am

unable to hold that the judgment-debtor could not attend before this Court

today due to his ailments.

Learned Advocate appearing on behalf of the decree-holder strongly

opposes and prays for further security amount.

Considering all the facts and circumstances stated above, the judgment-

debtor is directed to give further security of an amount of Rs. 1 lakh within a

period of two weeks from date to be paid to Advocate-on-Record of the

plaintiff/decree-holder in the form of banker's cheque.

However, learned Advocate appearing on behalf of the judgment-debtor

has submitted that in compliance with the order dated 22nd September,

2022, the judgment-debtor has handed over cash of Rs. 2 lakhs to him as he

could not prepare the banker's cheque due to his ailments.

Learned Advocate appearing on behalf of the decree-holder did not

oppose regarding payment of security of an amount of Rs. 2 lakhs to him in

cash subject to approval of this Court.

In the aforesaid view of the matter, Advocate-on-Record on behalf of the

judgment-debtor is to pay cash security of an amount of Rs. 2 lakhs in terms

of the order dated 22nd September, 2022 to the Advocate-on-Record of the

decree-holder within the office hours of this day.

The judgment-debtor shall remain present before this Court on 24th

November, 2022 when the matter will be taken up for hearing.

(BIBHAS RANJAN DE, J.)

R.Bhar