Ab vs Smt. Nandita Bhowmick
2023 Latest Caselaw 4115 Cal

02   05.07.                          FMA 302 of 2023
     2023                            IA No. CAN 1 of 2023
     Ct. No. 04
                                  Smt. Chinu Chakraborty
         ab
                                            Vs.
                                  Smt. Nandita Bhowmick.

                                          ---------------------

Mr. Arnab Roy, Mr. Satyam Mukherjee.

... for the appellant.

Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta, Mr. Ankit Chatterjee.

... for the respondent.

A question was put to the Bailiff, who is present in Court today, over the time consumed in executing the Writ of Possession in respect of the decretal properties.

It is submitted that it took near about three hours (approx.), as the large quantity of the articles were lying inside the decretal premises.

We peruse the photographs submitted by the Bailiff along with the report filed before the Executing Court. It raises a doubt on the role and conduct of the Bailiff. Since he must be provided an opportunity to disclose his stand in this regard before the Court proceeds further, we hereby direct the Bailiff to file an affidavit disclosing the facts or the events happened on the day when he allegedly executed the Writ of Possession issued to him by the Executing Court within one week from date.

Let this matter be listed on 12th July 2023. The report filed by the Special Officer be kept on record. The copy whereof has been served upon the learned Advocate appearing for the judgment debtor as well as the decree holder.

The interim remuneration of the Special Officer is

fixed at Rs. 18000/- to be shared equally by the judgment debtor as well as the decree holder and shall be paid within a week from date.

Further appearance of the concerned Officer of the Police Station is dispensed with until further order.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)