Sudip Tewary vs Micky Metels Ltd
2023 Latest Caselaw 2644 Cal/2

                          IA No. GA 2 of 2023
                         APOT No. 195 of 2023
                                  with
                           CS No. 23 of 2021
                  IN THE HIGH COURT AT CALCUTTA
                           In appeal from its
                ORDINARY ORIGINAL CIVIL JURISDICTION
                   CIVIL APPELLATE JURISDICTION
                         (Commercial Division)



                               Sudip Tewary
                                  Versus
                              Micky Metels Ltd.


Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 20th September 2023

                                                                   Appearance:
                                                    Mr. Debraj Sahu, Advocate
                                             Mr. Abhik Chitta Kundu, Advocate
                                                   for the appellant/defendant
                                                Mr. Rahul Karmakar, Advocate
                                             Mr. Asif Sohail Tarafdar, Advocate
                                                   for the respondent/plaintiff

The Court: Order in terms of prayer (a) of the stay petition.

We admit the appeal.

It is against a judgment and order dated 15th November 2022

passed by the learned interlocutory court directing the appellant/defendant

to deposit 73,36,022/- with the Registrar, Original Court to secure the

claim of the respondent/plaintiff by a specified date, failing which a decree

would follow automatically.

The principal ground of challenge to this judgment and order by

the appellant is that in an application for attachment before judgment this

kind of an order could not have been passed. At best an attachment order

could have been made.

At this state, the appellant is willing to secure the above sum by

depositing the title deed of his property in Paschim Medenipur with the

Registrar, Original Side.

Learned counsel for the respondent/plaintiff does not readily

accept that the valuation of the said property would be around the sum

directed to be secured by the learned single judge.

In that view of the matter, as an interim order, we appoint Mr.

Swagata Datta, Advocate (Mobile No. 7603023251) of Bar Association and

Mr. Anand Farmania, Advocate (Mobile No. 9836900353) as Joint Special

Officers at an initial remuneration of 2000 GMs each to be shared equally

by the parties to make an enquiry, in the presence of the parties, with the

help of the Land and Registration Department and any expert, if required,

into the valuation of and encumbrance, if any, on the property and to file a

report in this court by 3rd October 2023. All expenses are to be borne

equally by the parties.

The original title deed may be physically retained by the appellant

and presented before the Joint Special Officers at every meeting. But its

legal custody shall be deemed to be with the court through the Joint

Special Officers. For the time being, a photocopy be furnished to them for

taking action under this order.

For the time being, it would be presumed till 13th October 2023 or

until further orders whichever is earlier that a decree for Rs.73,36,022/-

has not become operative.

List the appeal and the application in the same position on 4th

October 2023.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose