Sreejit Kumar Tagore vs Radha Kissen Bhatter And Others
2022 Latest Caselaw 2377 Cal/2

OD 6

EC 189 of 2019 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE

SREEJIT KUMAR TAGORE VERSUS RADHA KISSEN BHATTER AND OTHERS

BEFORE:

The Hon'ble Justice AJOY KUMAR MUKHERJEE Date : 9th September, 2022.

APPEARANCE:

Mr. Kaustav Chandra Das,Adv.

Mr. Souvik Sen,Adv.

Ms. Aditi Dutta,Adv.

.....for the decree-holder.

The Court:- Affidavit of service filed in Court today be kept with the

record.

Two reports of the Joint Receivers are placed before this Court.

From the first report it appears that the Receiver was of opinion that it is

very difficult to take actual physical possession of the suit property

peacefully without huge police assistance because they apprehend at any

time untoward incident may occur at the time of taking actual physical

possession with the property in question. However, in the second report

it has been stated by both the Joint Receivers that they could somehow

hand over possession of a small portion measuring 56 sq. ft. office of the

suit property from the judgment-debtor in terms of the Hon'ble Apex

Court's order.

It is submitted on behalf of the petitioner as well as on behalf of

the Joint Receivers that unless huge police force which includes RAF

(Rapid Action Force) is provided, it would not be possible to execute the

decree in terms of the Appeal Court's order.

In view of above and in continuation of this Court's earlier

direction dated 1st October, 2019, it is further ordered that if any

obstruction put by any of the parties to the suit or any third party to the

Joint Receivers in taking possession of the suit property, the petitioner

as well as the Joint Receivers will be at liberty to approach before the

D.C.(North), Jorabagan Police Station for deployment of sufficient

number of RAF along with police assistance, in order to execute the

decree in terms of the order.

The petitioner/decree-holder shall pay a further remuneration of

3000 GMs. to each of the Joint Receivers. Deployment costs as

calculated by the department will be paid by the petitioner/decree-

holder. The Joint Receivers shall file their report on the returnable date.

The application is made returnable on 6th December, 2022.

(AJOY KUMAR MUKHERJEE, J.)

s.chandra