Calcutta High Court
Debjit Sarkar And Ors vs Midland Nursing Home Pvt Ltd on 22 July, 2025
OD-6
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/59/2024
DEBJIT SARKAR AND ORS
VS
MIDLAND NURSING HOME PVT LTD
BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 22nd July, 2025
Appearance:
Mr. Rajarshi Dutta, Adv.
Mr. Sarbajit Mukherjee, Adv.
Mr. A. P. Agarwalla, Adv.
...for the decree holder.
Mr. Ritoban Sarkar, Adv.
Mr. Soham Sen, Adv.
Mr. Kaushik Chatterjee, Adv.
...for the judgment debtor.
Mr. B. Basu Mallick, Adv.
Ms. Parna Ray Chowdhury, Adv.
...for the State
The Court:- Mr. Basu Mallick, learned Advocate appearing for the
State is present.
Mr. Basu Mallick, learned Advocate submits a Government Circular
where it is stated that shifting of radiological equipments having potential to
detect sex of the fetters needs prior permission NOC from the District
Appropriate Authority under ECPNDT.
It is further observed that the applicant needs to apply through the
online portal with all requisite documents in order to obtain the said NOC.
Mr. Basu Mallick, learned Advocate submits upon instructions from
the Government Authority that necessary portals are there to obtain
permissions for shifting USG, Citi Scan and MRI.
Mr. Basu Mallick, learned Advocate also submits that the judgment-
debtor did not apply in the prescribed form for which the competent authority
could not take steps to issue permission.
Upon perusal of the Report submitted by the learned Receiver wherein
the learned Receiver has mentioned the articles stored in Room
Nos.1,2,3,4,5,6, 7 and 8. Out of these 8 rooms, it appears that in Room No.1,
Room No.2, Room No.4 and Room No.5 does not contain any equipments for
conducting any pathological test or any other test. Thus, the learned Receiver
shall take possession of these rooms which are also used by Doctors between
5th August, 2025 to 7th August, 2025. No further dates should be issued by
the Doctors who are using these Chambers beyond 3rd August, 2025. By
taking possession of these rooms between 5th August, 2025 to 7th August,
2025, the learned Receiver shall see that these rooms are put under lock and
key. However, with regard to Room No.3, Room No.7 and Room No.8, learned
Receiver shall see from the office records as to the applications made before
the competent authority. Thus the learned Receiver is authorized in this
regard to make necessary applications before the appropriate authority
instead of judgment-debtor in the prescribed form so that the authorities may
grant the necessary permission. The judgment-debtors in this regard is not
required to make the necessary application as because it is done by the
learned Receiver who is also a Special Officer in this matter.
Judgment-debtor has assured this Court that all necessary
cooperation will be rendered to the learned Receiver.
Let this matter appear on 21st August, 2025 for Report of the learned
Receiver.
Mr. Basu Mallick, learned Advocate is also requested to appear in this
matter on the next date fixed, let appearance of Mr. Basu Mallick be
regularized.
The learned Receiver shall be paid a further remuneration of 300
GMs.
(BISWAROOP CHOWDHURY, J.)
S. A.
AR(C R)
