Calcutta High Court (Appellete Side)
Md vs Associated Trade Agents And Others on 31 August, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
C.O. 2890 of 2017 19 31.08.2017
Anup Kumar Gupta and another md. -Vs-
Associated Trade Agents and others Mr. Aniruddha Chatterjee Mr. Rahul Karmakar Ms. Gargi Goswami ... for the Petitioners The petitioners will serve the opposite parities and inform them that this petition will appear along with C.O. 2383 of 2017 in the monthly list of September, 2017.
The present petition is directed against an order by which the executing Court has refused to adjourn the execution proceedings despite a previous challenge to an order by which the petitioners' petition under Section 47 of the Code was dismissed. The executing Court was perfectly justified. Unless the order impugned is stayed during the pendency of a petition in this Court, the mere pendency should not operate as a stay.
However, in this case, it appears that the suit may have abated prior to it being decreed. Since an arguable case on this count has been made out, let no further steps be taken in Ejectment Execution Case No.136 of 2016 pending before the IV Bench, Small Causes Court at Calcutta.
Certified website copy of this order, if applied for, be given to the parties urgently subject to compliance with the requisite formalities.
(Sanjib Banerjee, J.) 2