Smt. Barnali Dutta And Ors vs Somnath Mullick And Anr
2023 Latest Caselaw 1196 Cal/2

OD-14
                              ORDER SHEET
                               EC/22/2021
                      IA NO. GA/2/2023, GA/3/2023
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE


                       SMT. BARNALI DUTTA AND ORS.
                                    VS
                        SOMNATH MULLICK AND ANR.


  BEFORE:
  The Hon'ble JUSTICE AJOY KUMAR MUKHERJEE

Date: 17th May, 2023

Appearance:

Mr. A.C. Kar, Adv.

. . .decree holder.

The Court: Perused the report of the Receiver wherefrom it appears that

the Receiver could not hand over possession to the decree holder as the judgment

debtor refused to hand over possession. Accordingly, the decree holder submits

that there is apprehension of violation and obstruction from the judgment

debtors and as such decree-holders have prayed seeking police assistance to

obtain vacant possession of the areas in occupation of plaintiff nos.2(b)(i) and

plaintiff no.2(b)(ii) and plaintiff nos. 5(a) and 5(b) in portions of premises

no.237P/1B, Manicktala Main Road, Kolkata - 700054 and he further prays if

necessary by breaking open the padlock or any other obstacles.

I have heard learned Receiver and I have also considered the submissions

made on behalf of the decree holder and considering their submissions the

prayer for police help made by the decree holder is allowed.

The Registrar, Original Side, High Court at Calcutta is directed to

communicate the order for police help to the Commissioner of Police, Kolkata for

being communicated to Narkeldanga Police Station for necessary police help for

obtaining possession by Receiver, if required by breaking open the padlock of the

portions of premises no. 237P/1B, Manicktala Main Road, Kolkata - 700054

from the plaintiff nos.2(b)(i) and plaintiff no.2(b)(ii) and plaintiff nos. 5(a) and 5(b)

and hand over the same to the decree holder/petitioner.

The decree holder shall deposit the cost for providing police assistance in

terms of requisition made in prayer (a) of the Master Summon.

Let the matter appear four weeks after Summer Vacation.

The Receiver will submit a report on or before the returnable date.

(AJOY KUMAR MUKHERJEE, J.)

sp/