Ravi Sanei vs Rajesh Sanei And Ors
2023 Latest Caselaw 1869 Cal/2

OD-36
                                ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                              IA NO. GA/1/2023
                               In EC/190/2023

                                RAVI SANEI
                                    Vs
                           RAJESH SANEI AND ORS


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 3rd August, 2023.

Appearance:

Mr. Suman Dutt, Adv.

Mr. Ritobroto Mitra, Adv.

Mr. Santosh Kr. Ray, Adv.

Ms. Arunima Lala, Adv.

....for the decree-holder

Ms. Noelle Banerjee, Adv.

Ms. Shreyashi Manna, Adv.

...for the judgment-debtor

The Court:- Learned counsel appearing for the decree-holder prays for

certain orders in respect of an order passed by a Co-ordinate Bench on 17th

May, 2023. The decree is a product of a terms of settlement between two

members of a family dividing the money and the business between two sides.

The terms of settlement contained reciprocal obligations which the decree-

holder discharged but says that the judgment-debtor failed to do. The failure is

in respect of releasing the decree-holder from guarantees given to UCO Bank in

exchange of having assistance by one of the businesses, namely, Dulichand

Finance & Leasing Ltd. And Janki Securities Ltd., which have gone to the

judgment-debtor. The urgency shown on behalf of the decree-holder is that the

concerned bank has given a notice of sale for one of the properties mortgaged

which features the name of the decree-holder as a Director. The judgment-

debtor has filed an application for dismissal of the execution proceedings and

vacating of all orders passed in the execution proceedings.

List this matter on 17th August, 2023 as prayed for.

(MOUSHUMI BHATTACHARYA, J.)

T.O.

A.R.(C.R.)