Debjit Sarkar And Ors vs Midland Nursing Home Pvt Ltd
2025 Latest Caselaw 105 Cal/2

Calcutta High Court

Debjit Sarkar And Ors vs Midland Nursing Home Pvt Ltd on 6 May, 2025

OD-17
                                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 : MAY 06, 2025.
                                                                        Appearance:
                                                            Mr. Rajarshi Dutta, Adv.
                                                             Mr. S. Mukherjee, Adv.
                                                            Mr. A. P. Agarwalla, Adv.
                                                             ...For the decree holder

                                                           Mr. Manjit Singh, Sr. Adv.
                                                          Mr. Kousik Chatterjee, Adv.
                                                                Mr. Biswajit Pal, Adv.
                                                            Mr. Ritoban Sarkar, Adv.
                                                                ...For the respondent

The Court:- Learned Advocate for the petitioner/decree holder and the

learned Advocate for the Judgment debtor and the learned Advocate for the

Receiver are present.

Learned Receiver has submitted report.

Mr. Singh, learned Senior Advocate for the judgment debtor submits that

there was a doctor's chamber and many instruments are there in the room and

necessary permission is to be obtained from the Government authority.

Considering the peculiar facts and circumstances of this case, Mr. Singh

prays for time to proceed in accordance with law, and, thereafter to vacate the

suit premises.

However, it is submitted that the first floor is lying vacant and the

possession can be handed over to the decree holder with regard to the first

floor.

This Court is of the view that at this stage, the receiver shall take

physical possession of the first floor of the suit property and hand over the

same to the decree holder on or before 13th May, 2025 and submit a report of

handing over the possession with regard to the first floor.

In the facts and circumstances of this case, the judgment debtor is

granted opportunity to make necessary application before the Government

authority as submitted by the learned Advocate and furnish the report before

this Court by affidavit on the next date fixed as to what steps is taken with

regard to obtaining such permissions.

Let this matter appear on 10th June, 2025.

(BISWAROOP CHOWDHURY, J.)

A Dey