Citation : 2025 Latest Caselaw 646 Cal/2
Judgement Date : 29 July, 2025
OD-17
IN THE HIGH COURT AT CALCUTTA
ORIDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
EC/17/2025
MESSRS MADHAV MUKUND FINANCE PRIVATE
LIMITED
VS
MESSRS EXTEROOR INTERIOR LIMITED
BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 29th July, 2025.
APPEARANCE:
Mr. Jayanta Sengupta, Adv.
Mr. Shayak Mitra, Adv.
Mr. Abhijit Sarkar, Adv.
Mr. Abhik Chitta Kundu, Adv.
...for the decree-holder
1.
Learned Advocate for the decree-holder is present.
2. This execution case is taken up for consideration.
3. It appears that by judgment and decree dated 24th July, 2024, the
plaintiff/decree-holder got a decree of eviction against the
defendant/judgment debtor and the decree was to be complied with.
It is submitted by the learned Advocate for the decree-holder that by
letter dated 07.05.2025 the decree-holder communicated the decree
to the judgment debtor requiring the judgment debtor to quit and
deliver up vacant possession within 15 days from receiving the
communication.
4. Although the judgment debtor has received the said notice but they
have failed to comply the decree. Thus necessary orders should be
passed to execute the decree passed by this Court.
5. Thus, Mr. Gautam Mukherjee, learned Advocate, Ph. 9830348249
and Ms. Mahua Dutta (Biswas), learned Advocate, Ph. 9733635187 &
8017047577 are appointed as Joint Special Officers to enforce the
decree of eviction dated July 24, 2024 passed in CS No. 88/2015.
6. The learned Special Officers shall affix the decree on the suit
premises and take a symbolic possession of the suit premises.
7. It is also made clear that the judgment debtor and occupants of the
suit premises shall vacate on or before 13.08.2025.
8. Upon taking symbolic possession and upon affixing the notice to
vacate the said property, learned Special Officer shall submit a report
on or before 14.8.2025.
9. Let this matter appear on 19.08.2025.
10. It is, however, made clear that in the event there is an obstruction
in taking symbolic possession of the suit property and to discharge
the functions, the Special Officer will be entitled to take necessary
police help from the concerned Police Station.
11. The remuneration of the learned Special Officer are fixed at 1000
GM each to be paid by the decree-holder.
12. All necessary costs should be borne by the decree-holder.
(BISWAROOP CHOWDHURY, J.)
gb.
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