Shivani Properties Pvt Ltd vs Rajeev Lochan
2025 Latest Caselaw 1992 Cal/2

Calcutta High Court

Shivani Properties Pvt Ltd vs Rajeev Lochan on 26 June, 2025

OD-7
                               ORDER SHEET

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

                               EC/520/2019
                                  WITH
                               CS/223/2013

                     IA NO: GA/1/2023, GA/2/2023,
                   GA/3/2024, GA/4/2024, GA/5/2025

                      SHIVANI PROPERTIES PVT LTD.
                                  VS
                            RAJEEV LOCHAN

  BEFORE:
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY

Date : 26th June, 2025

Appearance:

Mrs. Arunima Lala Sengupta, Adv.

Mr. Rohit Banerjee, Adv.

Mr. Suman Majumder, Adv.

...for the decree holder.

Mr. Shounak Mukhopadhyay, Adv.

...for the judgment debtor.

The Court:- Learned Advocate for the decree-holder and learned

Advocate for the judgment-debtor are present.

Learned Advocate for the judgment-debtor submits that the affidavit-

in-opposition is ready and affirmed yesterday and prays for time to file the

same. Such prayer is objected by learned Advocate for the decree-holder.

Learned Advocate for the decree-holder submits upon referring to

different Orders that repeated adjournments were obtained and although

by Order dated 12th June, 2025 prayer for filing affidavit-in-opposition was

allowed and liberty was granted to file affidavit-in-opposition by 20th June,

2025 and reply, if any, be filed by 25th June, 2025 and the matter was

required to be heard under the heading ''Chamber Application Adjourned"

but the same being not done, the hearing of the matter has to be

adjourned causing prejudice to the decree-holder.

In the facts and circumstances, this Court is of the view that the

affidavit-in-opposition should be accepted subject to the payment of costs

by the judgment-debtor to the decree-holder. Thus, liberty is granted to file

the affidavit-in-opposition subject to the payment of costs of 150 GMs on

or before 30th June, 2025. Let affidavit-in-reply be filed by 1st July, 2025.

Let this matter appear on 3rd July, 2025.

As GA/1/2023 is filed, let it also appear in the said date.

(BISWAROOP CHOWDHURY, J.)

S. A. AR(C R)