Calcutta High Court (Appellete Side)
Ab vs Smt. Nandita Bhowmick on 21 June, 2023
Author: Harish Tandon
Bench: Harish Tandon
27 21.06. FMA 302 of 2023
2023 IA No. CAN 1 of 2023
Ct. No. 04
Smt. Chinu Chakraborty
Ab Vs.
Smt. Nandita Bhowmick.
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Mr. Arnab Roy, Mr. Satyam Mukherjee, Mrs. Sayani Ahmed.
... for the appellant.
Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta, Mr. Abir Lal Chakraborty.
... for the respondent.
We noticed the disturbing facts from the record and, therefore, decided to pass an order without formally admitting the appeal as the admission is largely dependent upon ascertainment of the facts. We find that the possession of the decreetal premises was allegedly taken through a Process Server (Bailiff) with the help and assistance of the police personnel. It is alleged that the said Process Server (Bailiff) without being armed with an order for extending the police help got the assistance of the police personnel and used the force to recover the possession of the decreetal premises.
We enquired from the learned Advocate for the appellant whether any application for police help was filed by his client before the executing court and the same having allowed; the answer is in negative. It can be presumed that there was no order for rendering police assistance to the Process Server (Bailiff) to recover the possession and the presence of the police officer, as alleged by the respondent, raises a serious concern. We, therefore, direct the Process Server (Bailiff), who obtained the possession of the decreetal premises, in relation to the subject dispute to remain personally 2 present before this Court on 26th June 2023 at 10.30 a.m., when this matter would be listed under the heading "For Orders" in the supplementary list. Both the learned Advocate for the respective parties are directed to communicate this order to the District Judge, North 24-Parganas to ensure the personal presence of the said Process Server (Bailiff) on the date, as indicated above.
In addition to the above, the Registrar General of this Court is also directed to communicate this order to the District Judge, North 24-Parganas immediately. Put up the matter as directed above.
(Harish Tandon, J.) (Prasenjit Biswas, J.)