Kishan Lal Agarwal vs Hrg Trading Private Limited
2023 Latest Caselaw 4201 Cal

13.07.2023 Sl. No.54(DL) srm

C.O. No. 2165 of 2023

Kishan Lal Agarwal

Versus

HRG Trading Private Limited

Mr. V.V.V. Sastry, Mr. Sourav Ray, Mr. Vishwarup Acharyya ...for the Petitioner.

A, Prima facie, case has been made out by the petitioner.

The learned Civil Judge (Senior Division), 2nd Court at Barasat,

North 24-Parganas, had erred in passing the order impugned

dated March 28, 2023 in Title Execution No.2 of 2019 by

refusing to proceed with the execution case despite an

admission made by the judgment-debtor that the occupational

charges of Rs.17,000/- per month, as directed to be paid by the

Hon'ble High Court, had not been complied with.

It appears that the Hon'ble High Court had made the

stay of the execution, conditional and had also directed that in

case of default of payment of Rs.17,000/- per month, the stay

would automatically stand vacated.

A copy of the revisional application along with a server

copy of this order, be served upon the opposite party as also

upon the learned Advocate for the opposite party in the

learned court below.

Let this matter appear on July 27, 2023 under the

heading "Top Fixed".

Affidavit-of-service to be filed on the next date.

(Shampa Sarkar, J.)