Calcutta High Court
Parijat Vyapaar Pvt. Ltd. & Anr vs J. Khan & Ors on 6 October, 2010
Author: Maharaj Sinha
Bench: Maharaj Sinha
GA No. 3007 of 2010
WITH
CS No. 323 of 2003
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
PARIJAT VYAPAAR PVT. LTD. & ANR.
Versus
J. KHAN & ORS.
BEFORE:
The Hon'ble JUSTICE MAHARAJ SINHA
Date : 6 October 2010.
For the 2nd defendant/ petitioner :
Mr. Jishnu Chowdhury,advocate For the plaintiff :
Mr. Dhruba Ghosh,advocate The Court :- After hearing the submissions of Mr. Jishnu Chowdhury and Mr. Dhruba Ghosh, learned Counsel appearing in support of this application for setting aside the decree in question and the plaintiff 2 respectively, the following direction is given for affidavits for adjudication of the application on merits.
Let the affidavit-in-opposition be used by 12 November 2010; the affidavit-in-reply, if any, 22 November 2010 and the matter will appear as an "Adjourned Motion" on 23 November 2010 within the first five matters in the list.
Mr. Chowdhury, however, makes a statement that during the pendency of this application or at least until further hearing, the 2nd defendant, who has applied for setting aside the decree in question, namely the petitioner will not deal with the immovable properties in question, the particulars of which are mentioned at page 27 of the petition in any manner whatsoever. In view of this statement, although Mr. Ghosh submits that the application should only be heard provided the security is furnished at this stage, no order for security is made at this stage and the same will be considered on the next date of hearing. On the basis of this statement, however, the 2nd defendant, namely the applicant herein will be entitled to approach the Executing Court for obtaining stay of execution of the decree in question. Mr. Chowdhury, however, submits that it is the 2nd defendant and the 2nd defendant alone who has applied for setting aside the decree in question and he has no connection with the other defendants. In view of this statement, it is made clear that the decree 3 holder will be entitled to proceed against the other defendants for executing the decree against them.
For the sake of communication and urgency, the learned advocates- on-record are permitted to communicate this order to the parties to the proceedings concerned and once such communication is made, the parties shall act on the basis of such communication.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(MAHARAJ SINHA, J.) S.Chandra AR(CR)