Prokash Datta vs Pranjit Agarwala
2022 Latest Caselaw 3400 Gua

                                                                     Page No.# 1/3

GAHC010178352022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : CRP(IO)/210/2022

              PROKASH DATTA
              S/O SRI PRABIN DATTA, R/O HOUSE NO. 10, RUKMINI NAGAR MAIN
              ROAD, GUWAHATI-781006, HAVING HIS PLACE OF BUSINESS AT M/S
              CLEANOPOLIS ENERGY SYSTEMS INDIA PVT. LTD., BARPAKHIAJHAR,
              VILL-DIPOTA, DIST-SONITPUR, ASSAM, PIN-784150



              VERSUS

              PRANJIT AGARWALA
              S/O LATE DEBABRATA AGARWALA, R/O FLAT NO. 102, PARTHA ENCLAVE,
              BELTOLA WIRELESS, GUWAHATI, KAMRUP (M), ASSAM-781006



Advocate for the Petitioner   : MR. M K DAS

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

Date : 07.09.2022

Heard Mr. K.R. Barooah, the learned counsel appearing on behalf of the Petitioner.

Issue notice returnable on 4/11/2022.

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Steps upon the respondent by way of registered post with A/D as well as by usual process within three days from today. The petitioner is further directed to take steps upon the respondent by way of dasti and file an affidavit of service on or before the next date.

The learned counsel for the petitioner submits that vide the judgment and decree dated 23/05/2018 passed in Summary Suit No. 334/2017, the Trial Court decreed the suit ex parte thereby holding that the plaintiff is entitled to recover Rs. 15 lakhs with interest @6% from the date of filing the suit till realisation from the defendants.He submits that a perusal of the impugned order, whereby the application under Order XXXVII Rule 4 of the Code of Civil Procedure, 1908 was rejected, would show that the Court had rejected the said application on the ground that the summons were duly served at the address at Tezpur on the basis of the postal track consignment. He submits that there were two addresses; one was at Guwahati and the other was at Tezpur and there has been noting mentioned in the impugned order as regards the service at Guwahati although the suit was filed at Guwahati.

Referring to the provisions of Order V, the learned counsel for the petitioner submits that alleged service of the summons was not in accordance with the provisions of Order V and as such the Court ought not to have rejected the petition under Order XXXVII Rule 4 of the CPC. He further submits that an execution proceedings being Money Execution Case No. 36/2018 has been filed in pursuance to the judgment and decree dated 23/5/2018 passed in Summary Suit No. 334/2017 which is pending before the Civil Judge No. 1, Kamrup(M) at Guwahati and the same ought to be stayed pending disposal of the instant proceedings.

After taking into consideration the above submission and also upon Page No.# 3/3

perusal of the impugned order, this Court stays the further proceedings of Money Execution Case No.36/2018 pending before the Court of Civil Judge No. 1, Kamrup(Metro) at Guwahati till disposal of the instant petition subject to furnishing of an indemnity bond by the petitioner herein before the Executing Court in respect to the decreetal amount on or before 14/9/2022.

Let the matter be listed on 04/11/2022.

JUDGE

Comparing Assistant