Calcutta High Court
Saumyendra Narayan Basu And Ors vs Arnab Mahalanobis And Anr on 1 July, 2025
OD-19
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
EC/8/2025
WITH
CS 155 OF 1995
SAUMYENDRA NARAYAN BASU AND ORS.
VS
ARNAB MAHALANOBIS AND ANR
BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 1st July, 2025.
APPEARANCE:
Mr. Debmalya Ghosal, Adv.
Mr. Miladri Khanna, Adv.
Mr. D. Mukhopadhyay, Adv.
...for the petitioner/decree holder
1.
Learned Advocate for the petitioner/decree holder is present. None
appears on behalf of the judgment debtor in spite of service of notice.
2. Let the affidavit of service filed be kept with the record.
3. Learned Advocate for the petitioner/decree holder draws attention to
the Order passed by a Co-ordinate Bench of this Court on 9 th
January, 2017, whereby the learned Bench was pleased to pass a
decree in terms of prayer (b) of the petition and it was also observed
that the liability of Mrs. Shanta Mahalanobis is restricted to the flat
in question and also a sum of Rs.14 lakhs.
4. Learned Advocate draws attention to the order passed on 9 th January,
2017 wherein it is observed that the original defendant owned a
property at Shakespeare Sarani being Flat No.1F on the first floor
situated in a building more fully described in the Deed of Conveyance
dated 17th June, 2003 and a sum of Rs.14 lacs.
5. Learned Advocate submits that in the facts and circumstances,
prayers (a), (b) and (c) of the tabular statement be passed.
6. Hearing the learned Advocates and considering the facts of the case,
this Court is of the view that at this stage there should be an order
restraining the judgment debtor and their men and agents from
operating the bank account No.005010100132237 with Axis Bank
Limited, Kolkata Main Branch and also a Receiver should be
appointed to inspect Flat No.1F, Embassy Co-operative Housing
Society Limited situated at 1F on the first floor in the Building of the
Society constructed on the said land being premises No.4,
Shakespeare Sarani, Kolkata -700071 along with the car parking
space.
7. Thus the judgment debtors are restrained by an order of injunction
from operating account No.005010100132237 with Axis Bank
Limited, Kolkata Main Branch for a period of five weeks.
8. Mr. Bhakti Prasad Das, learned Advocate, Mobile No.-9874890946
and 8336902658 and Mr. Ajeyo Chowdhury, learned Advocate, Mobile
No.-7044321175 are appointed Joint Receivers of No.1F, Embassy
Co-operative Housing Society Limited being Premises No.4,
Shakespeare Sarani, Kolkata -700071 along with the car parking
space.
9. Learned Receiver shall take a symbolic possession of the said flat and
cause necessary inspection of the same upon notice to both the
decree holder and the judgment debtor. Upon taking symbolic
possession of the said flat and upon causing necessary inspection of
the same, the learned receiver shall submit the report on or before
25th July, 2025.
10. Let this matter appear on 29th July, 2025.
11. The remuneration of the learned Receivers are fixed at 1000 gms
each.
12. The learned Advocate for the petitioner is granted liberty to
communicate the bank authorities about the said order.
(BISWAROOP CHOWDHURY, J.)
S.De
