Debjit Sarkar And Ors vs Midland Nursing Home Pvt Ltd
2025 Latest Caselaw 1666 Cal/2

Calcutta High Court

Debjit Sarkar And Ors vs Midland Nursing Home Pvt Ltd on 10 June, 2025

OD-27

                   IN THE HIGH COURT AT CALCUTTA
                ORIDINARY 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 : 10th June, 2025.

                                                                        APPEARANCE:
                                                              Mr. Rajarshi Dutta, Adv.
                                                               Mr. S. Mukherjee, Adv.
                                                              Mr. A. P. Agarwalla, Adv.
                                                               ...For the decree-holder

                                                             Mr. Ritoban Sarkar, Adv.
                                                                 Mr. Soham Sen, Adv.
                                                           Mr. Kousik Chatterjee, Adv.
                                                            ...For the judgment debtor

                                                          Ms. Susmita Chatterjee, Adv.
                                                                      For the Receiver

    1.

Learned Advocate for the decree-holder and learned advocate for the

judgment debtor and learned Advocate for the Receiver are present.

2. Learned Receiver files the report in terms of the order dated May 6,

2025.

3. Let the same be kept with the records.

4. It appears from the report that in terms of the order dated May 6,

2025, the possession of the first floor of the suit property is handed

over to the decree-holder.

5. However, it is submitted by the learned Receiver that some articles

are there in the first floor which are to be removed. Thus, the

judgment debtor is granted an opportunity to remove the articles from

the first floor and to make it entirely vacant.

6. The affidavit filed by the judgment debtor reflects that the Additional

Director of Health Services (CE), Health and Family Welfare Govt. of

West Bengal has been intimated by order dated 21.05.2025 with

regard to removal of radio diagnostic equipments.

7. However, no step is taken by the Additional Director of Health

Services (CE). As it appears from the report of the learned Receiver

that in the three rooms on the ground floor there are diagnostic

instruments but the other five rooms there are no such instruments

for medical diagnosis. Thus, the judgment debtor is granted

opportunity to make the five rooms vacant where there are no

instruments lying for the purpose medical and pathological tests.

8. The learned Receiver shall visit the suit property within a period of

ten days upon notice to both judgment debtor and the decree-holder

and the judgment debtors shall within this period of ten days or

within such date to be intimated to the Receiver clear all the five

rooms which are occupied by some furniture other than the rooms

where the instruments for medical and pathological tests are lying.

9. Learned Receiver upon fixing a date shall take steps to see that the

five rooms on the ground floor are vacated and the first floor where

some furniture are lying are also cleared. All necessary assistance

must be provided by the judgment debtor. With regard to the

intimations sent to the Additional Director of Health and Services, a

reminder representation be made by the judgment debtor and a copy

of this order be communicated to the said authority for taking

decision and necessary steps.

10. Learned Receiver shall file a report on 26.6.2025. Let a further

remuneration 200 Gms. be paid to the learned Receiver.

(BISWAROOP CHOWDHURY, J.)

gb.