Kabari Pvt Ltd vs Shrimati Ila Basu & Ors
2023 Latest Caselaw 1533 Cal/2

OD-12

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


                                  EC/517/2014

                                KABARI PVT LTD
                                      VS
                           SHRIMATI ILA BASU & ORS.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 13th July, 2023

Appearance:

Mr. Aditya Garodia, Adv.

Ms.R. Singhee, Adv.

Mr. Pintu Ghosh, Adv.

Ms. U. Garodia, Adv.

The Court:- This is an application for execution of a decree dated 9th

October, 2013. The suit is for eviction and mesne profits. The suit premises is

situated at 8A, Burdwan Road, P.S.-Alipore, Kolkata-27.

It is submitted on behalf of the decree holder that the suit premises is

approximately 14 cottahs and is immensely valuable. A proceeding is also

pending before the Hon'ble Supreme Court (SLP No.3279 of 2017).

There is also an assurance which has been given by the decree holder that

during the pendency of the Special Leave Petition, the judgment debtors shall not

be dispossessed. However, admittedly there is a decree for mesne profits which is

approximately Rs.18 crores against the judgment debtors and there is no

embargo in proceeding with this application.

It is also submitted on behalf of the decree holder that the judgment

debtors are continuing to enjoy the suit premises without making any payment

since 1st June, 1981 either on account of rent or occupational charges.

In such circumstances, the judgment debtors are directed to take

instructions as to how, for the present, they propose to secure the entire

monetary claim on account of outstanding rent and mesne profits.

Liberty is granted to the judgment debtors to file a Supplementary Affidavit

in terms of the order dated 18th May, 2023. The time to file the Affidavit in Reply

to the Supplementary Affidavit is extended till the returnable date.

Let this matter appear on 7th August, 2023 for further hearing.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh