Smt. Debarati Sen vs Smt. Susama Ray
2023 Latest Caselaw 1728 Cal/2

OD-66
                                  ORDER SHEET

                                  EC/372/2021
                                IA NO: GA/1/2022

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

                               SMT. DEBARATI SEN
                                     Versus
                                SMT. SUSAMA RAY


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : July 28, 2023.


                                                                       Appearance:
                                                           Mr. Suman Kr. Dutt, Adv.
                                                           Mr. Priyankar Saha, Adv.
                                                              Ms. Sormi Dutta, Adv.
                                                            Mr. Arindam Paul, Adv.
                                                             ...for the award-holder

                                                               Ms. Parichita Roy, Adv.
                                                                 ...for the respondent

The Court: Learned counsel appearing for the judgment-debtor proposes

that of the remaining Rs.22 lakhs, Rs.12.50 lakhs will be paid to the award-

holder on 24th April, 2024 upon the judgment-debtor receiving the sale price

for a land situated at Subhasgram, Mouza Baikunthapur.

Learned counsel appearing for the award-holder is not willing to wait till

24th April, 2024 and submits that the judgment-debtor should give some

amount of money before April, 2024.

The award-holder will have liberty to explore options for selling the land

before April, 2024 in order to realise some amount of money before the date

proposed by the judgment-debtor.

The award-holder will also be at liberty to take steps in accordance with

law.

List this matter on 6th October, 2023.

Although counsel appearing for the award-holder seeks an order from the

Court on the judgment-debtor to abide by the direction passed by a Co-

ordinate Bench on 12th April, 2022 directing the husband of the award-debtor

also to file affidavit of assets, it is found that the judgment-debtor had applied

for recalling of the said order by way of an application being GA/1/2022. The

Court is informed that the award-holder has not filed her affidavit-in-

opposition to the recalling application.

The award-holder shall hence file her opposition within two weeks from

date; reply, if any, may be filed within three weeks thereafter.

List the recalling application being GA/1/2022 after five weeks.

(MOUSHUMI BHATTACHARYA, J.)

sg.