Sailen Seth vs Sahara India
2023 Latest Caselaw 3267 Cal/2

Calcutta High Court

Sailen Seth vs Sahara India on 30 November, 2023

                                   1


                                                                           OD-3
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE

                               EC/61/2021
                              SAILEN SETH
                                   VS
                             SAHARA INDIA.
BEFORE:
The Hon'ble JUSTICE APURBA SINHA RAY

Date : 30TH November, 2023 Appearance:

Mr.Sujit Banerjee, Adv.

Mr. Nilay Sengupta, Adv.

For applicant.

THE COURT: Learned Counsel for the decree-holder has submitted affidavit of service. Let it be kept with the records. Learned Counsel for the decree-holder has submitted that in spite of receipt of notice, none appears on behalf of the judgment-debtor and as such he has prayed for passing appropriate order in respect of the prayer of the decree-holder as mentioned in paragraph (a) and (b) of Column 10 of the tabular statement.

Considered.

In spite of receipt of notice the judgment-debtor or any of its authorized representatives does not appear before this Court. It further appears from the materials on record that the date of the decree was 6th September, 2019 and the instant execution proceeding was filed on 13th April, 2021, meaning thereby that the instant execution proceeding was filed within the time prescribed under the law.

After considering the materials on record I am inclined to allow the prayer (a) at this stage. Accordingly, the Deputy Sheriff is directed to take appropriate steps to take possession of the suit

property more fully described in paragraph 13 of the application after complying with all the requisite legal formalities.

List the matter on 2nd January, 2024 for report by the Deputy Sheriff.

[APURBA SINHA RAY, J.]

dg/