Calcutta High Court
Kamakhya Singh Deo vs Modula India on 30 July, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EC 157/2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
KAMAKHYA SINGH DEO
Versus
MODULA INDIA
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 30th July, 2015.
Mr. R. Basu Chowdhury, Adv., with Mr. A. Ali, Adv., Mr. B. Biswas, Adv. and Mr. M. Chandra, Adv. apepars.
The Court : In spite of paper publication, the judgment debtor is not represented.
Under the decree, the defendant was required to pay a sum of Rs.40,950/- as admitted calculated rental at the rate of rs.75/- per diem on account of reasonable letting out value of the concerned flat from February 1, 1978 till July 31, 1979 and in default of payment of the aforesaid sum, the decree holder was given liberty under the decree to recover the said amount by executing the decree.
This application has been filed for realisation of the aforesaid sum although a much larger amount has been claimed.
Under such circumstances, the Registrar, Original Side of this Court is directed to pay a sum of Rs.40,950/- out of the funds lying to the credit of the suit to the decree holder.
2
However, determination of the mesne profit has not yet taken place. But the plaintiff has claimed for realisation of rs.4,38,000/- now lying in the P.L. Account of the Registrar, Original Side of this Court which permission at this stage cannot be allowed without determination of the mesne profit save and except release of the sum of Rs.40,950/- as indicated above.
The Registrar, Original Side of this Court is directed to keep the balance sum deposited in a suitable high yielding interest bearing account with any nationalised bank and keep the same renewed until further orders of this Court.
With the above directions, this application stands disposed of.
(SOUMEN SEN, J.) tk