M/S. Rana Chairs vs Director General (Town Planning)
2023 Latest Caselaw 2934 Cal/2

OD-12
Wt13

                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE

                               EC/5/2017
                           IA NO: GA/3/2023
                          M/S. RANA CHAIRS
                                   VS
            DIRECTOR GENERAL (TOWN PLANNING), K.M.C. AND ORS

                              EC/55/2017
                          M/S. RANA CHAIRS
                                  VS
            DIRECTOR GENERAL (TOWN PLANNING) K.M.C.AND ORS.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 12th October, 2023.

Appearance:

Mr. Rupak Ghosh, Adv.

Mr. Chanchal Kumar Dutta, Adv.

Ms. Krishna Mullick, Adv.

...for the decree-holder.

Mr.Gopal Chandra Das, Adv.

Mr. Arijit Dey, Adv.

...for the KMC.

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

September, 2015. By the decree, the judgment-debtors being the Kolkata

Municipal Corporation has been directed to pay a sum of Rs.50,83,155/- along

with pendente lite interest @18% per annum and costs of Rs.1,00,000/-.

It is submitted on behalf of the judgment-debtors that since the passing of

the decree they have already paid a sum of Rs.52 lakhs which has been duly

appropriated by the decree-holder. It is contended that the decree has attained

finality and there is no embargo in proceeding with the execution application.

By an order dated 28 April, 2023, the Hon'ble Supreme Court had also

dismissed a Special Leave Petition challenging the decree.

It is submitted on behalf of the judgment-debtors that an application being

GA/3/2023 was filed by the judgment-debtors purportedly under Section 47 of

the Code of Civil Procedure, 1908. The said application is admittedly not in

form. The prayers made in the application are also misconceived and not

tenable. Significantly, an earlier application made under Section 47 of the Code

of Civil Procedure, 1908 stood withdrawn by the judgment-debtors with liberty

to file afresh.

In view of the fact that the decree has not been interfered with till date, the

decree-holder has a legitimate right in seeking execution.

Without prejudice to their rights and contentions, the Kolkata Municipal

Corporation is directed to deposit a sum of Rs.25 lakhs with the learned

Registrar, Original Side of this Court by 18 October, 2023.

It is made clear that in default of depositing the said amount, the entire

outstanding decretal dues shall be payable by the judgment-debtors.

A copy of this order be served on the Commissioner, Kolkata Municipal

Corporation, who is directed to ensure compliance of this order.

In view of the formal defects in the application filed by the judgment-

debtors, GA/3/2023 stands dismissed as not pressed.

Liberty is granted to the judgment-debtors to file a fresh application, if so

advised.

(RAVI KRISHAN KAPUR, J.)

s.pal