Calcutta High Court
Kishore K Agarwal vs Eap Industries Limited on 12 October, 2023
OD-7
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/332/2023
KISHORE K AGARWAL
VS
EAP INDUSTRIES LIMITED
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 12th October, 2023.
Appearance:
Mr. Saunak Mukhopadhyay, Adv.
...for the petitioner
The Court:- The decree-holder seeks execution of a decree dated 11th
February, 2016. The decree was passed in a suit for specific performance
instituted by the decree-holder. The operative part of the decree is set out in
the affidavit in support of the Tabular Statement. First and foremost, it should
be recorded that the decree-holder has made three attempts to serve the
judgment debtor; two of which were by way of postal service and the third by
way of a paper publication. The judgment debtor has remained unrepresented
till date. Service was attempted in August, 2023 and in October, 2023. The
dispute brought to the notice of the Court pursuant to which the decree was
passed arose out of an Agreement executed between the parties on 12th
February, 1979 under which the judgment-debtor was to execute Deeds of
Conveyance of two properties in favour of the decree-holder. The decree-holder
paid an amount of Rs.1.5 lakhs in 1979 for registration and/or executing the
Deeds of Conveyance. The judgment debtor failed to execute the Deeds of
Conveyance and the decree-holder finally obtained the decree on 11th February,
2016.
Learned counsel appearing for the decree-holder now prays for an order
in terms of prayer (a) of the Tabular Statement which is for a direction on the
Registrar, Original Side of this Court to register the two Deeds of Conveyance
in favour of the decree-holder in terms of the decree dated 11th February, 2016.
The decree-holder has amended the prayer to an extent by including the prayer
for execution in the affidavit in support of the Tabular Statement. Counsel has
taken the Court through the operative part of the decree which also contains a
default clause to the effect that in the event the judgment debtor fails to
execute the Deeds of Conveyance, the Registrar, Original Side, of this Court
shall execute such Deeds of Conveyance in favour of the plaintiff and/or his
nominees in respect of the suit property in terms of the said draft Deeds of
Conveyance and the same shall duly be registered with the Registrar of
Assurances, Kolkata. Apart from the decree providing for execution by the
Registrar, Original Side, of this Court, Order 21 Rule 32(5) of the Code of Civil
Procedure, 1908 also puts a statutory seal on such right of the decree-holder.
Considering the fact that the decree-holder has been made to wait from
1979 and thereafter from February, 2016 onwards, that is, the date of decree,
EC/332/2023 is allowed and disposed of by a direction on the Registrar,
Original Side, of this Court to execute and register the Deeds of Conveyance,
particulars of which would appear from Schedule "B" to the decree which can
be found at page 36 of the affidavit in support of the Tabular Statement.
The execution shall also be in terms of page 74 which is the last page of
the Schedule to the decree.
(MOUSHUMI BHATTACHARYA, J.)
T.O.
A.R.(C.R.)
