Citation : 2025 Latest Caselaw 2564 Cal/2
Judgement Date : 12 September, 2025
OIPD-1-2
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
(Intellectual Property Rights Division)
EC/1071/2015
IA NO: GA/1/2016(Old No:GA/3661/2016), GA/2/2023, GA/3/2024
NPR FINANCE LIMITED
VS
SANJAY KHEMANI
EC/1072/2015
RANI LEASING AND FINANCE LIMITED
VS
SANJAY KHEMANI
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 12th September, 2025.
Appearance:
Mr. Rudrajit Sarkar, Adv.
Mr. Chiranjib Sinha, Adv.
Mr. Vanshika Newar, Adv.
...for the decree holder.
Mr. Debdut Mukherjee, Adv.
Mr. Vivek Basu, Adv.
Ms. Srijeeta Gupta, Adv.
Ms. Sonia Das, Adv.
...for the judgment debtor.
The Court: Both the parties jointly submit that pursuant to an out of
Court settlement, the judgment debtor, in terms of the settlement had
already made certain payments.
Initially, the judgment debtor had originally agreed to clear the dues
in installments with 15 days of every quarter but the judgment debtor due
to his ill health is presently in a serious condition and has been unable to
make any payment for the last two quarters this year.
In view of the above, the decree holder has allowed the judgment
debtor time till October 31, 2026 to clear the outstanding dues in terms of
the settlement arrived at between themselves.
It is also submitted that in the event of any unforeseen situation
arising causing death of the judgment debtor, the decree holder shall be at
liberty to pursue its claim against the legal heirs of the judgment debtor in
accordance with law.
In view of the above, no purpose would be served by keeping the
instant execution petitions pending.
Accordingly, the execution proceedings are disposed off with liberty to
the decree holder to apply for filing fresh execution proceedings for
realization of the balance decretal sum in the unforeseen event that the out
of Court Settlement arrived at between the parties is not complied with by
the judgment debtor.
With the above directions, EC/1071/2015 alongwith EC/1072/2025
alongwith all pending applications stand disposed of.
(RAVI KRISHAN KAPUR, J.)
SK.
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