Citation : 2023 Latest Caselaw 1497 Cal/2
Judgement Date : 4 July, 2023
OD-6-7
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
Original Jurisdiction
ORIGINAL SIDE
EC/5/2017
M/S. RANA CHAIRS
VS
DIRECTOR GENERAL (TOWN PLANNING), K.M.C. AND ORS.
EC/55/2017
M/S. RANA CHAIRS
VS
DIRECTOR GENERAL (TOWN PLANNING) K.M.C.AND ORS.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 4th July, 2023.
Appearance:
Mr. Ashok Kr. Banerjee, Sr. Adv.
Mr. Gopal Ch. Das, Adv.
...for the KMC
Mr. Chanchal Kumar Dutta, Adv.
Ms. K. Mullick, Adv.
The Court:- This is application for execution of an ex parte decree which
has been upheld by the Hon'ble Supreme Court.
On behalf of the judgment-debotrs, Kolkata Municipal Corporation it is
submitted that though the decree has been substantially satisfied there is gross
fraud in the facts and circumstances of the case and the matter ought to be
investigated. It is also submitted that appropriate criminal proceedings are
proposed to be filed against the errant officials of the Kolkata Municipal
Corporation and the decree holder. There is a serious issue of defalcation of
public funds.
The judgment-debtors seek an opportunity to deal with the affidavit
affirmed on 16 May, 2023 which furnishes the outstanding dues payable under
the decree.
The time to file the opposition to the affidavit affirmed on behalf of the
decree holder is extended till 17 July, 2023.
Let both these matters appear under the heading "Chamber Application
For Final Disposal" on 20th July, 2023.
(RAVI KRISHAN KAPUR, J.)
S.Bag
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