Citation : 2022 Latest Caselaw 2533 Cal/2
Judgement Date : 22 September, 2022
OD-2
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/230/2015
MJUNCTION SERVICES LTD.
VS
BIJOY KUMAR GUPTA
BEFORE:
The Hon'ble JUSTICE BIBHAS RANJAN DE
Date : 22nd September, 2022.
Appearance:
Mr. Swarnendu Ghosh, Adv.
Mrs. Suchioshmita Ghosh, Adv.
Mr. Monika Kalra, Adv.
Mr. Farhan Ghaffar, Adv.
Ms. S. Jadi, Adv.
Ms. Sagufta Saba Yasmin, Adv.
The Court:- The Report filed by the Deputy Sheriff is taken on record.
The judgment-debtor is produced before this Court and examined.
Learned advocate appearing on behalf of the plaintiff / decree-holder
submits that according to the evidence of the judgment-debtor, there is no
assets in possession of the judgment-debtor to satisfy the decree. Accordingly, it
is submitted before this Court to invoke the provision under Order 21 Rule 30 of
the Code of Civil Procedure for detention of the judgment-debtor in civil prison.
Learned advocate appearing on behalf of the judgment-debtor prays for an
accommodation on behalf of the judgment-debtor for making an attempt to
satisfy the decree.
The judgment-debtor undertakes to remain present in Court as and when
the judgment debtor may be directed to do so.
The application is being fixed one week after the Puja Vacation (i.e., on
10th November, 2022) for further hearing being 'Part Heard' matter.
The judgment-debtor is directed to give security of an amount of Rs.2
lakhs within a period of two weeks from date to be paid to the Advocate-on-
Record of the plaintiff/decree-holder in the form of banker's cheque.
The judgment-debtor shall be present before this Court on the next date
when the matter is taken up for hearing.
(BIBHAS RANJAN DE, J.)
D.Ghosh
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