M/S. Rana Chairs vs Director General (Town Planning) ...
2023 Latest Caselaw 1182 Cal/2

OD 2
                              ORDER SHEET
                               EC/55/2017
                                  With
                               EC/5/2017
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE


                         M/S. RANA CHAIRS
                               VERSUS
           DIRECTOR GENERAL (TOWN PLANNING) K.M.C. AND ORS.


  BEFORE:
  The Hon'ble JUSTICE BIBHAS RANJAN DE

Date: 16th May, 2023.

Appearance:

Mr. Chanchal Kumar Dutta, Adv.

Ms. Krishna Mullick, Adv.

. . .for the decree holder.

Mr. Arijit Dey, Adv.

. . .for the judgment debtor.

The Court: This is an application for execution of a decree dated 17th

September, 2015. The decree is for realization of money claim of Rs.50,83,155/-

along with costs of Rs.1 lakh.

By the order dated 28th November, 2018 a Coordinate Bench had granted

order of attachment of Account No. 301301010013093 belonging to the judgment

debtor maintained with the Union Bank of India, Dharamtolla, 5, Chowringhee

Place, Kolkata - 700013, Branch to the extent of Rs.52 lakhs. The matter had

been kept pending for a considerable period and it is submitted on behalf of the

judgment debtor that appeal has been preferred before the Division Bench being

APOT No. 37 of 2023.

Earlier one Special Leave Petition was also filed before the Hon'ble Apex

Court being No. 31540/2022 which was dismissed finding no reason to entertain

the Special Leave Petition.

From the record it appears that on several occasions learned advocate

appearing on behalf of the judgment debtor has prayed for accommodation for

bringing stay order from the Appellate Court.

Considering the facts and circumstances, I find no other option but to

direct Union Bank of India to pay the decree holder a sum of Rs.52 lakhs which

had been attached in terms of order dated 28th November, 2018. The exercise of

making payment is to be completed within a period of three weeks from the date

of communication of this order.

The matter is made returnable on 6th June, 2023.

At this stage learned advocate on behalf of the judgment debtor has prayed

for stay of this order. Considering the conduct of the judgment debtor by making

prayer for accommodation so many times even on the plea of pendency of the

Special Leave Petition before the Hon'ble Apex Court, the prayer is considered

and rejected.

Learned advocate appearing on behalf of the decree holder is at liberty to

file affidavit with regard to pendente lite interest as per decree, if any, by the

returnable date.

(BIBHAS RANJAN DE, J.)

sp/