M/S. South City Projects ... vs Ideal Real Estates Pvt. Ltd
2023 Latest Caselaw 2935 Cal/2

OCD-34
                                ORDER SHEET

                                 EC/341/2023

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)


                M/S. SOUTH CITY PROJECTS (KOLKATA) LIMITED
                                    VS
                       IDEAL REAL ESTATES PVT. LTD.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 12th October, 2023.

Appearance:

Mr. Abhrajit Mitra, Sr. Adv.

Mr. Satadeep Bhattacharya, Adv.

Mr. Uttiyo Mallick, Adv.

Ms. Trini Joarder, Adv.

....for the decree-holder

Mr. Suman Dutt, Adv.

Mr. Sounak Mitra, Adv.

Mr. Paritosh Sinha, Adv.

Mr. Saubhik Chowdhury, Adv.

Mr. Tirthankar Das, Adv.

Ms. Tapasika Bose, Adv.

...for the judgment-debtor

The Court: The decree-holder seeks to proceed with the matter on the

ground that the decre-holder is yet to receive Rs.1.76 crores in terms of a

decree passed by a Co-ordinate Bench followed up with a compromise between

the parties.

The judgment-debtor, on the other hand, seeks to pay at least one of the

twelve instalments without prejudice to its rights before the matter is taken up

by the Court.

Learned counsel appearing for the judgment-debtor also offers to keep

one flat as security in part satisfaction of the decree.

Since the judgment-debtor is not in a position today to give particulars of

the flat in terms of value, list this matter on 17th October, 2023.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar