Shubh Karan Bajaj vs Chittavalsah Jute Mills Limited
2022 Latest Caselaw 2564 Cal/2

OD-2
                                ORDER SHEET

                                 EC/88/2022
                              IA NO: GA/1/2022
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                          SHUBH KARAN BAJAJ
                                Versus
                    CHITTAVALSAH JUTE MILLS LIMITED

  BEFORE:
  The Hon'ble JUSTICE AJOY KUMAR MUKHERJEE
  Date : September 26, 2022.


                                                                               Appearance:
                                                               Mr. Purnasish Gupta, Adv.
                                                      Mr. Jayanta Kumar Mukherjee, Adv.
                                                           ...for the plaintiff-decree-holder

                                                                  Mr. Rajarshi Dutta, Adv.
                                                                  Mr. V. V. V. Sastry, Adv.
                                                                  Mr. Debjyoti Saha, Adv.
                                                                 ...for the judgment-debtor

       The Court: In the suit filed by the plaintiff the defendant suffered a

decree for a sum of Rs.14,03,174/- along with interest at the rate of 8% per

annum from the respective date of the bills. The plaintiff preferred the present

execution   application   wherein   the   plaintiff    has     claimed     a    sum     of

Rs.38,17,38,400/- comprising a sum of Rs.14,03,174/- on account of the

decretal sum and a sum of Rs.24,12,210/- on account of interest at the rate of

8% upto December 31, 2021.

       During pendency of the execution application, the parties have amicably

settled their disputes and differences on the following terms:
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        1.

The defendant has agreed to pay a sum of Rs.23,50,000/- towards

full and final settlement of the decretal sum and the plaintiff has

agreed to such figure.

2. Out of the said sum of Rs.23,50,000/-, the defendant has already

paid a sum of Rs.5,00,000/- on 21st June, 2021 and now, it is

agreed between the parties that the remaining sum of

Rs.18,50,000/- would be payable by the judgment-debtor through

RTGS as per following schedule:

Instalment No. Date of Payment Amount (Rs.)

First Instalment 7 October 2022 6,15,000/

Second Instalment 15 November 2022 6,15,000/

Third Instalment 15 December 2022 6,20,000/

3. The defendant undertakes to effect payment of the aforesaid

outstanding amount as per the payment schedule. Upon default in

making payment by the judgment-debtor, the decree-holder would

be at liberty to revive the execution application.

In view of the above, the execution application being EC No. 88 of 2022 is

disposed of.

All connected applications related to this matter are also disposed of.

(AJOY KUMAR MUKHERJEE, J.)

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