Ashok Kumar Sen & Ors vs Sudsons Private Limited & Ors
2024 Latest Caselaw 5022 Cal

Calcutta High Court (Appellete Side)

Ashok Kumar Sen & Ors vs Sudsons Private Limited & Ors on 26 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

26.09.2024 (D/L-22) Ct.-19 (Susanta) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 3518 of 2024

Ashok Kumar Sen & Ors.

-Vs-

Sudsons Private Limited & Ors.

Mr. Sakti Nath Mukherjee, Sr. Adv. Mr. Kasinath De, Mr. Sandip Kumar De, Mr. Abhijit Sarkar, Ms. Abhipiya Sarkar, ... For the Petitioners.

The application under Section 47 of the Code of Civil

Procedure prima facie is not maintainable, as such, for the

pendency of it, the executing court should not have deferred the

disposal of the application of the decree-holder for police assistance

to execute the decree under execution.

To decide the issue, presence of the judgment/debtor, the

opposite parties herein is necessary.

The petitioners are directed to give notice along with a copy

of this order and a copy of the application to the opposite parties as

well as to their learned advocate in the Court below.

Let the matter appear in the Supplementary List on

November 08, 2024.

Parties to act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be

supplied to the parties subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)