Mohammed Faisal Ekram vs Kazi Rezaur Rahaman
2025 Latest Caselaw 1147 Cal/2

Calcutta High Court

Mohammed Faisal Ekram vs Kazi Rezaur Rahaman on 6 February, 2025

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                                                                      OD-2

                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                           ORIGINAL SIDE

                             EC/181/2023
                           WITH CS/209/2016

                       MOHAMMED FAISAL EKRAM.
                                 VS
                        KAZI REZAUR RAHAMAN.


BEFORE:
The Hon'ble JUSTICE PARTHA SARATHI SEN

Date : 6th February, 2025.

Appearance:

Mr. Sarosij Dasgupta, Adv.

Ms. Saheli Bose, Adv.

For the decree-holder.

Mr. Shamit Sanyal, Adv.

Mr. Sabyasachi Roy Adv.

For judgment-debtor.

THE COURT:- On behalf of the judgment-debtor an accommodation has been sought for on the ground that pursuant to the mutual compromise, the Complaint Case No. 51/2015 as lodged against the decree-holder by the judgment-debtor has not yet been withdrawn and thus the agreed remaining amount of Rs. 9 lacs could not be paid by the judgment-debtor to the decree-holder.

It is further submitted on behalf of the judgment-debtor that a week's time may be granted to resolve the issue.

Such prayer is, however, opposed on behalf of the decree- holder. It is submitted that there cannot be any predicament on the part of the judgment-debtor to hand over the remaining amount of Rs. 9 lacs to the decree-holder. It is further submitted on behalf of the judgment-debtor that the aforesaid complaint case may be

withdrawn at a later stage i.e., even after payment of Rs.9 lac as agreed by the parties.

Considering the rival submissions of the learned Advocates for the contending parties, this Court is inclined to allow the prayer for adjournment as prayed for on behalf of the judgment-debtor.

Let the matter be listed on February 20, 2025 under the same heading.

On the next date fixed, the judgment-debtor is directed to remain present in person before this Court for facing cross- examination with regard to his affidavit of assets, if occasion so arises.

[PARTHA SARATHI SEN, J.]

dg/