Jaspal Singh Chandhok vs Sri Gobin Chand Seal
2023 Latest Caselaw 1474 Cal/2

OD-18

                         IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE


                                    EC/364/2021

                             JASPAL SINGH CHANDHOK
                                       VS
                              SRI GOBIN CHAND SEAL

BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 3rd July, 2023

Appearance:

Ms. Sonali Mukhopadhyay, Adv.

Mr. Uday narayan Betal, Adv.

Mr. P. Mondal, Adv.

The Court:- This is an application for execution of a decree dated 23rd

June, 2014 for eviction. It is submitted on behalf of the decree holder that the

decree had been passed on the basis of the Terms of Settlement.

The suit premises is one shop being No.1A, on the ground floor at premises

no. 30, Ganesh Chandra Avenue, Kolkata measuring about 1014 sq. ft.. It

appears from the decree that the judgment debtor was permitted to remain in

possession upon payment of monthly rent.

It is also submitted on behalf of the decree holder that there has been

default by the judgment debtor and the judgment debtor has failed to pay the

monthly rent in terms of the decree.

In view of the aforesaid, there shall be an order in terms of prayer (a) of the

Tabular Statement.

The judgment debtor is represented and has no instructions in respect of

the obligations which have remained unperformed by the judgment debtor.

In view of the aforesaid, there shall be an order in terms of prayer (a) of the

Tabular Statement.

Mr. Debasish Basu, Advocate (9330202258), a member of the Bar

Association Room No.-16 is appointed as Receiver to take a symbolic possession

of the suit premises and file a Report on the returnable date.

The remuneration of the Receiver is fixed at 2000 gms.

Let this matter appear on 17th July, 2023 for further orders.

It is made clear that in the absence of the judgment debtor, appropriate

orders would be passed on the returnable date.

(RAVI KRISHAN KAPUR, J.) D.Ghosh