Mjunction Services Ltd vs Bijoy Kumar Gupta
2023 Latest Caselaw 386 Cal/2

OD 2
                                   ORDER SHEET
                                EC No.230 of 2015
                       IN THE HIGH COURT AT CALCUTTA
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                                 ORIGINAL SIDE


                             MJUNCTION SERVICES LTD.
                                   VERSUS
                             BIJOY KUMAR GUPTA

BEFORE:
The Hon'ble JUSTICE BIBHAS RANJAN DE

Date:9th February, 2023.

Appearance:

Mr. Swarnendu Ghosh, Adv.

Ms. Suchismita Chatterjee Ghosh, Adv.

Mr. Malay Kumar Seal, Adv.

. . .for the decree-holder.

Ms. Monika Kalra, Adv.

Mr. Farhan Gaffar, Adv.

Mrs. Prerana Vishwas, Adv.

Mr. Yashashwi Sundariya, Adv.

. . .for the judgment debtor.

The Court:-Judgement debtor is present.

This is an execution case arose out of a decree of money to the tune of

Rs.6,81,63,991/-. The judgement debtor has been examined and it is found from

the evidence of the judgement debtor as well as affidavit of assets that at this

moment the judgement debtor has no means to satisfy the decree.

Learned Advocate-on-record on behalf of the judgement debtor has

submitted that he will satisfy the entire decretal amount when he would be in a

position to do the same. Learned Advocate-on-record on behalf of the judgement

debtor has further submitted that judgement debtor is ready and willing to pay

off Rs.15,000/- per month for six months. In the meantime, if possible, the

judgement debtor will make an effort to satisfy the decretal amount.

Learned advocate on behalf of the decree-holder opposes the prayer but left

it to the discretion of the Court subject to satisfaction of the decretal money by

the judgement debtor.

Considering the huge amount of the decretal amount, I do not find any

reason to pass any order sending the judgement debtor to civil prison at this

stage without giving a last opportunity to satisfy the decree.

In the aforesaid view of the matter, this Court directs the judgement debtor

to pay a sum of Rs.15,000/- per month for six months towards decretal amount

and in the event of any default for two consecutive months it will be open for the

decree-holder to take appropriate steps in this execution proceeding.

The Judgement debtor is also directed to pay a sum of Rs.15,000/- for the

month of February, 2022 within this month and in respect of the subsequent

instalment the judgement debtor is directed to pay a sum of Rs. 15,000/- within

seventh day of each succeeding month.

List the execution case after six months.

Liberty to mention.

(BIBHAS RANJAN DE, J.)

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