Manoj Kumar Todi vs M/S Bichitra & Ors
2023 Latest Caselaw 2517 Cal/2

OD-22
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE


                                   EC/229/2015


                              MANOJ KUMAR TODI
                                      VS
                              M/S BICHITRA & ORS.




  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 5th September, 2023.

Appearance:

Mr. Dhiraj Trivedi, Adv.

Mr. Rachit Lakhmani, Adv.

Mr. Bikash Kr. Singh, Adv.

Mr. Sunil Gupta, Adv.

Ms. S. Jha, Adv.

Mr. J. Kr. Surana, Adv.

Mr. T. Saha, Adv.

Mr. A. Chowdhury, Adv.

Ms. M. Bangoni, Adv.

The Court : Affidavit filed on behalf of the judgment debtor is taken on

record. A copy of the same is furnished to the award holder.

This is an application for execution of a decree dated 6 February, 2013 for

an aggregate amount of Rs.1,27,25,391,897/- (inclusive of interest). The execution

application was filed as far back as in 2015. Admittedly, during the pendency of

this execution application, the judgment debtor had paid a sum of Rs.9 lakhs to

the decree holder. Thereafter, by an order dated 3 August, 2023, it was recorded

that a cheque of Rs.5 lakhs had been handed over to the decree holder. The

cheque has since been encashed.

Pursuant to orders of Court, the judgment debtor has proposed a manner for

repayment of their dues. It has been agreed that the judgment debtor shall pay an

aggregate amount of Rs.40 lakhs in full and final satisfaction of the decree.

In such circumstances, the judgment debtor is directed to make payment in

the following manner:

By 20 September, 2023 - Rs.6 lakhs, By 20 October, 2023 - Rs.6 lakhs, By 20 November, 2023 - Rs.6 lakhs, By 20 December, 2023 - Rs.6 lakhs By 20 January, 2024 - Rs.6 lakhs, By 20 February, 2024 - Rs.5 lakhs, By 20 March, 2024 - Rs.5 lakhs.

In default of any one instalment, appropriate proceeding would be initiated

against the judgment debtor as well as the guarantors namely Madhur Saha son of

Late Bijoy Kr. Saha and Ruchira Saha wife of Madhur Saha respectively being the

son-in-law and daughter of the judgment-debtor.

It is made clear that in default of any one installment the aforesaid

arrangement shall stand terminated and the decree holder shall be entitled to

execute the entire decretal dues as stipulated in the decree and particulars

whereof appear in column 7 of the Tabular Statement filed in EC/229/2015.

By consent of the parties, the matter is treated as Heard-in-Part.

Let this matter appear in the Monthly List of November, 2023.

If payment of the decretal dues is made in the manner as stipulated

hereinabove, the decree holder shall not proceed with the pending criminal

proceedings filed against the judgment debtor.

(RAVI KRISHAN KAPUR, J.)

SK.