Smt. Mita Surana vs Surendra Singh Bangani
2024 Latest Caselaw 2496 Cal/2

Calcutta High Court

Smt. Mita Surana vs Surendra Singh Bangani on 5 August, 2024

OD-18                                                    ORDER SHEET

                              EC/41/2024
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                            IN THE MATTER OF :
                             SMT. MITA SURANA
                                    VS
                         SURENDRA SINGH BANGANI


BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK

Date: 5th August, 2024.

APPEARANCE:

Mr. Tamaghna Saha, Adv.

Mr. Abhimonyu Roy, Adv.

for the plaintiff/decree holder

The Court : This application has been filed for execution of decree dated

7th July, 2023 under Order XXI Rule 11 of the Code of Civil Procedure, 1908.

Mr. Tamaghna Saha, learned advocate for the decree holder submits that

the decree has been passed on judgment on admission. As per the decree

passed by this Hon'ble Court, the decree holder is entitled to an amount of

Rs.53,87,114.35 including interest. In order to secure the decretal amount, he

prays for an order of injunction restraining the judgment debtor from

alienating the properties owned by them more fully described in paragraph no.

15 of the application.

Perused the decree dated 7th July, 2023.

As per the application for execution of the decree, the decretal amount is

of Rs.35,32,534.00 and the interest accrued thereon is Rs. 18,54,580.35. It is

contended by the decree holder in paragraph no.15 of the application that the

properties, namely, (A) Office at Rampuria Chambers, 4 th Floor, Clive Row,

Kolkata-700001 (B) Residential Flat at P-17, Manmohan Bose Street, Kolkata-

700006 are owned and possessed by the judgment debtor. It is further the case

of the decree holder that despite passing of the judgment and decree, the

judgment debtor had failed and neglected to make payment of the decretal

dues along with interest thereupon.

Bearing in mind the aforesaid and in order to secure the decretal amount

and the interest thereon, the judgment debtor is restrained from dealing with

and/or disposing of and/or alienating with the assets, namely, (A) Office at

Rampuria Chambers, 4th Floor, Clive Row, Kolkata-700001 (B) Residential Flat

at P-17, Manmohan Bose Street, Kolkata-700006.

Let notice be issued upon the judgment debtor.

Learned advocate for the decree holder prays for leave to make necessary

corrections in the prayer portion at column 10 of the Tabular Statement.

Leave granted.

Let the matter appear in the monthly list of September 2024.

(BIVAS PATTANAYAK, J.)

Sb/