Diamond Apartments Private ... vs Abanar Marketing Limited And 5 ...
2023 Latest Caselaw 2046 Cal/2

OD-31
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE



                                 EC/392/2019


                DIAMOND APARTMENTS PRIVATE LIMITED
                                VS
               ABANAR MARKETING LIMITED AND 5 OTHERS


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 14th August, 2023.

Appearance:

Mr. Naresh Balodia, Adv.

Mr. Pallav Chowdhury, Adv.

Ms. Saheli Sen, Adv.

The Court : This is an application for execution of an award dated 15

September, 2016.

By the award, the award holder has been granted physical possession of

the office space consisting of 4200 sq ft. situated at Southern (Front) side of 8th

floor of the building of the "Poddar Point" at 113, Park Street, Kolkata - 700016.

Full particulars of the suit premises appear from the award dated 15

September, 2016.

By an order dated 11 February, 2020, the Department was directed to

issue a notice on the award holder. It appears from the Report filed by the

Registrar, Original Side that no service had been effected till date. Affidavit of

Service filed on behalf of the judgment debtor be kept with the records. It

appears from the said affidavit that the judgment debtor has refused to accept

service. This constitutes good service.

In such circumstances, Mr. Debdutta Saha, Advocate and a member of

the Bar Library Club, is appointed as a Receiver only for the limited purpose of

taking inspection and filing a Report as to the status of the subject premises

and the occupants thereof. It is made clear that the Receiver at this stage will

not interfere with the possession of any of the occupants the subject premises.

The Receiver is also directed to ascertain as to whether there are any other third

party rights in respect of the premises.

Let this matter appear on 29 August, 2023. The Receiver will be paid an

initial remuneration of 2500 gms at the first instance.

(RAVI KRISHAN KAPUR, J.)

SK.