Debjit Sarkar And Ors vs Midland Nursing Home Pvt. Ltd
2025 Latest Caselaw 2360 Cal/2

Calcutta High Court

Debjit Sarkar And Ors vs Midland Nursing Home Pvt. Ltd on 2 September, 2025

        ORDER                                                    OD - 17

                   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: 2nd September, 2025.
                                                                         Appearance:
                                                             Mr. Rajarshi Dutta, Adv.
                                                              Mr. S. Mukherjee, Adv.
                                                            Mr. A. P. Agarwalla, Adv.
                                                              For the decree holder .
                                                         Mr. Koushik Chatterjee, Adv.
                                                                   Mr. R. Sarkar, Adv.
                                                                      Mr. S. Sen, Adv.
                                                            For the judgement debtor.
                                                   Mr. Biswabrata Basu Mallick, Adv.
                                                        Ms. Asmita Chakraborty, Adv.
                                                                       For the State.
                                                        Ms. Susmita Chatterjee, Adv.
                                                                    For the receiver.


1.

Learned advocate for the decree-holder, learned advocate for the

judgment-debtor, learned advocate for the receiver and learned advocate

for the State of West Bengal, Health Department are present.

2. It is submitted by the learned receiver that the judgment-debtor by letter

dated 27.08.2028 has sought some time to remove the articles of room

nos. 1, 2, 4, 5 and 6. It is submitted by the learned advocate representing

the judgment-debtor that if few days time is given, the articles can be

removed and entire possession of room nos. 1, 2, 4, 5 and 6 can be

handed over. Mr. Dutta learned counsel representing the decree-holder

also makes prayer so that rooms can be handed over expeditiously.

3. In the facts and circumstances, the learned receiver shall fix a date and

time within four days from date upon holding meeting with the learned

advocates for the decree-holder and judgment-debtor regarding the date

when the articles are to be removed and the entire possession is to be

handed over. Upon holding meeting with both the learned advocates for

the judgment-debtor and decree-holder, the learned receiver shall fix the

date on which the said articles are to be removed and the judgment-debtor

as well as decree-holder may send their representatives or the learned

advocates to be present when the possession of the room is to be handed

over by the learned receiver in favour of the decree-holder. With regard to

the instruments for which the permission is sought from the Health

Department, Mr. Basu Mallick submits that necessary intimation is given

to the Health Department for issuance of the permission and the Health

Department is looking into this matter and all necessary steps will be

taken in this regard. In the facts and circumstances, the receiver is once

again requested to follow up the matter with the Health Department and

with regard to the possession of room nos. 1, 2, 4, 5 and 6 take necessary

steps upon holding meeting and handing over the possession to the

decree-holder.

4. Let this matter appear on 18.09.2025.

(BISWAROOP CHOWDHURY, J.)

R.D. Barua