Cic Society vs Sujata Gupta Winfield And Ors
2024 Latest Caselaw 3127 Cal/2

Calcutta High Court

Cic Society vs Sujata Gupta Winfield And Ors on 8 October, 2024

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

OD -8                              ORDER SHEET
                   IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE

                              EC/1016/2015
                            IA NO: GA/3/2024

                            CIC SOCIETY
                                 VS
                   SUJATA GUPTA WINFIELD AND ORS.

BEFORE:
The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA

Date : 8th October, 2024.

Appearance:

Mr. Sudip Deb, Adv.

Mr. A. K. Gandhi, Adv.

Ms. Ipsita Ghosh, Adv.

... for the petitioner.

Mr. Chayan Gupta, Adv.

Mr. Pourush Bandyopadhyay, Adv.

Mr. Rajesh Upadhyay, Adv.

... for the award debtor no.5.

The Court :- The present application being GA/3/2024 has been filed

seeking addition of the heirs of one Aditya Bikram, who was one of the

award debtors. Learned Counsel for the award debtors takes objection as to

the execution case being time-barred with regard to the proposed added

heirs. It is contended that since the award is not severable as amongst the

different award debtors, the entire execution case ought to be dismissed in

view of non-joinder of the said parties. It is submitted that the execution

case should be deemed to commence, borrowing the principle of Order I

Rule 10(5) of the Code of Civil Procedure, as against the proposed

substituted heirs of Aditya Bikram from the date of filing of the present

application and as such time-barred.

Learned Counsel for the award holder opposes such contentions on

several aspects.

Both sides rely on judgments.

Heard learned Counsel. Judgment is reserved on the issue.

(SABYASACHI BHATTACHARYYA, J.)

mg