Calcutta High Court
Kamakhya Singh Deo vs Modula India on 12 September, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ORDER SHEET
GA 1458 of 2016
CS 568 of 1979
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
KAMAKHYA SINGH DEO
Versus
MODULA INDIA
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 12th September, 2019.
Mr. Raja Basu Chowdhury, Adv.
... for petitioner
The Court : In this application the petitioner, as a decree-holder in an
eviction suit has prayed for an order of appointment of a Commissioner for
determination of mesne profits payable by the respondent/judgment debtor in
respect of the suit property for the period between August 3, 1979 and August 18, 2014 in terms of the decree dated August 24, 2012.
As directed on August 21, 2019 the petitioner/decree-holder has published a notice of this application in the English newspaper, "The Asian Age". Let the 2 affidavit of compliance filed by the petitioner be kept on record. However, the respondent/judgment debtor remains unrepresented.
Accordingly, Mr. Amitabha Ghosh, Advocate of Bar Library Club (First Floor) is appointed as the Commissioner to determine the mesne profits, payable by the judgment debtor in respect of the aforementioned suit property for the period mentioned above. The Commissioner shall be paid a consolidated remuneration of Rs.1 lakh to be borne by the parties in equal share. In the event the judgment debtor does not participate in the proceeding before the Commissioner or refuses to pay his share of the Commissioner's fees, the petitioner/decree-holder shall pay the entire remuneration of the Commissioner. The Commission is made returnable within the month of January, 2020.
The Commissioner may issue a notice of the proceeding through the petitioner by publishing a notice in the same English newspaper, "The Asian Age". If the respondent/judgment debtor does not participate in the proceeding before the Commissioner, the latter shall be entitled to conclude the commission ex parte as against the respondent/judgment debtor. The Commissioner shall return the commission within January 31, 2020.
Further, the Registrar, Original Side is directed to forthwith encash the fixed deposit maintained by him with the concerned bank, with the amount deposited by the respondent/judgment debtor in terms of the order dated September 13, 2018, read with the Division Bench orders dated October 3, 2012 3 and March 18, 2013 and make over the proceeds thereof to the petitioner, after deducting the statutory commission.
With the above directions, the application, GA 1458 of 2016 stands disposed of.
(ASHIS KUMAR CHAKRABORTY, J.) SN.