M/S. Rana Chairs vs Director General (Town Planning)
2023 Latest Caselaw 3063 Cal/2

OD-20 & 21
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE


                                  EC/5/2017

                       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 : 18th October, 2023.

Appearance:

Mr. Chanchal Kumar Dutta, Adv.

Mr. Rupak Ghosh, Adv.

Ms. K. Mullick, Adv.

...for decree holder.

Mr. Gopal Chandra Das, Adv.

Mr. Arijit Dey, Adv.

...for KMC.

The Court : By an order dated 12 October, 2023 the judgment debtor

was directed to deposit a sum of Rs.25 lakhs with the Registrar, Original Side.

It is pertinent to note that the decree against the judgment debtor is for a sum

in excess of Rs.50,83,155/- alongwith a pendente lite interest @18% per

annum and costs of Rs. 1 lakh.

It is submitted on behalf of the decree holder that the aggregate dues

upto May 2023 are approximately Rs.91 lakhs.

There is no embargo in proceeding with this execution application.

There is no restraint on this Court in awarding the fruits of the decree to

the decree holder.

Accordingly, the decree holder is granted liberty to withdraw the sum of

Rs. 25 lakhs deposited by the judgment-debtor in terms of the earlier order of

Court.

The decree holder has assured this Court that appropriate instructions

would be taken to reduce the decretal dues.

Let this matter appear on 23 November, 2023.

(RAVI KRISHAN KAPUR, J.)

SK.