Karnani Properties Ltd vs Rajesh Mitra And Anr
2025 Latest Caselaw 1156 Cal/2

Calcutta High Court

Karnani Properties Ltd vs Rajesh Mitra And Anr on 7 February, 2025

OD-1
                              ORDER SHEET

                            IA NO. GA/1/2023
                                   With
                              CS/154/2021
                                    In
                              EC/346/2022

                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE


                        KARNANI PROPERTIES LTD.
                                 Versus
                         RAJESH MITRA AND ANR.

 BEFORE:
 The Hon'ble JUSTICE AJOY KUMAR MUKHERJEE

Date : February 7, 2025.

Appearance:

Mr. Arindam Paul, Adv.

...for the applicant

Mr. Shounak Mukhopadhyay, Adv.

Ms. Anuradha Poddar, Adv.

...for the decree-holder

Mr. Rohit Banerjee, Adv.

Mr. Altamas Alim, Adv.

Mr. Saptarshi Bhattacharjee, Adv.

...for the judgment-debtor

The Court: In view of the judgment passed by the Supreme Court in

Civil Appeal No.3593-3594 of 2024 on 20 th September, 2024, the petitioner

has prayed for a direction upon the Registrar, Original Side, High Court,

Calcutta to release the amount of Rs.5 lakh together with accrued interest

thereon, if any, deposited in connection with EC/346/2022 in favour of the

judgment-debtors. This deposit was made in terms of the order passed by this

Court on 30th September, 2022.

Learned counsel appearing on behalf of the decree-holder/opposite

party submits that he intends to file a review application before the Supreme

Court and as such he raised objection against the prayer made by the

judgment-debtors.

Having considered the submissions made by the learned counsel

appearing on behalf of both the parties and considering the changed

circumstances, the prayer is allowed.

The Registrar, Original Side, High Court, Calcutta, is directed to release

the amount of Rs.5 lakh together with accrued interest thereon deposited in

connection with EC/346/2022 in favour of the judgment-debtors within seven

days from the date of this order.

GA/1/2023 is disposed of.

(AJOY KUMAR MUKHERJEE, J.)

kc