Calcutta High Court (Appellete Side)
Smt. Arati Das vs Mayarani Chakraborty & Anr on 14 June, 2017
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1
14.06.2017. F.A.T. 481 of 2016
Item No.304 with
Ct. No.14 CAN 10203 of 2016
dc.
Smt. Arati Das
versus
Mayarani Chakraborty & Anr.
Mr. Rabindra Nath Datta,
Mr. Sumit Roy ... For the Defendant/Appellant.
Mr. Rahul Karmakar ... For the Plaintiffs/Respondents.
Re: CAN 10203 of 2016 (Stay) After hearing the learned advocates appearing for the parties and after considering the materials on record, we dispose of the application for stay by granting unconditional stay of all further proceedings of Title Execution Case No. 38 of 2016 pending before the learned Judge, 13th Bench, City Civil Court at Calcutta for a period of six weeks and if, in the meantime, the defendant/appellant deposits a sum of Rs.2,00,000/- (Rupees two lakh only) by way of security in terms of the provision contained in Order XLI Rule 5 of the Code of Civil Procedure in the Executing Court, interim stay, as granted above, will continue till the end of December 2018.
It is made clear that in the event such deposit is made, the learned Executing Court will invest such deposited amount in a short-term interest bearing fixed deposit and will keep the said deposit renewed from time to time till the end of 2 December 2018 with the hope and trust that the appeal will be decided by that time.
It is made clear that in the event, the appeal cannot be decided by this Court by the end of December 2018, the appellant is given liberty to apply for further interim order upon notice to the respondents.
It is further clarified that the plaintiffs/respondents will not be permitted to withdraw the said deposited amount without the leave of the Court.
The application for stay being CAN 10203 of 2016 is, thus, disposed of.
Re: FAT 481 of 2016 Since the plaintiffs/respondents have already entered appearance through Mr. Rahul Karmakar, learned advocate, service of notice of appeal upon the plaintiffs/respondents is dispensed with. The appeal is thus treated ready as regards service of notice of appeal upon the respondents.
Let the lower court records be called for by Special Messenger. On the prayer of Mr. Rahul Karmakar, learned advocate, leave is granted to the respondents to deposit special messenger's cost within a week from date.
The concerned department will take steps for bringing the lower court records immediately on deposit of such special messenger's cost. The concerned department is further 3 directed to examine the lower court records immediately upon receipt of the same.
The concerned department is also directed to serve notice of arrival of the lower court records upon the learned advocate-on-record of the respondents immediately after the records are found complete on such examination.
On the prayer of Mr. Rahul Karmakar, learned advocate, leave is granted to his clients to file requisite number of paper books in the concerned department within eight weeks from the date of service of notice of arrival of the lower court records upon the learned advocate-on-record of the respondents.
The learned advocate-on-record of the appellant is directed to serve copy of the memorandum of appeal upon the learned advocate-on-record of the respondents within a week from date.
(JYOTIRMAY BHATTACHARYA, J.) ( ASHA ARORA, J. )