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[Cites 3, Cited by 0]

Calcutta High Court (Appellete Side)

1189/2011 on 26 April, 2011

Author: Dipankar Datta

Bench: Dipankar Datta

    32.
26.4.2011

C.O.1189 of 2011 Mr. Sabyasachi Bhattacharyya Mr. Sudeep Pal Choudhury Ms. Sohini Bhattacharyya ...for the Petitioner Mr. Sourav Banerjee Mr. Arnab Dutt ...for the Opposite Parties This revisional application under Article 227 of the Constitution is directed against order no.22 dated 7.4.2011 passed by the executing Court in Misc. Case No. 245 of 2011. The Court has directed the petitioner to deposit Rs. 30,00,000/- (Rupees thirty lakhs only) being part of the decretal amount within 15 (fifteen) days and if such amount is deposited, Ejectment Execution Case No. 6 of 2009 shall remain stayed.

Considering the provisions of Order XXI Rule 26 (c) of the Code of Civil Procedure and regard being had to the decretal amount (more than double the amount directed to be paid), I am of the view that the discretion exercised by the Court by directing the petitioner to deposit Rs. 30,00,000/-(Rupees thirty lakhs only) is not so unreasonable or outrageous that it would shock conscience of the Court exercising supervisory jurisdiction under Article 227 of the Constitution.

I, therefore, find no reason to interfere with the order under challenge.

However, since time to make such deposit has already expired, the petitioner shall have three weeks' more time to deposit the same.

2

For a period of two months from date, the Ejectment Execution Case No.6 of 2009 shall remain stayed. In the event the amount as directed by the executing Court is deposited within three weeks from date, the application filed by the petitioner under Section 47 of the Code shall be disposed of as expeditiously as possible, preferably within a month from the date of deposit. In the event of failure of the petitioner to deposit the sum directed within three weeks, the order of stay shall automatically stand vacated and the executing Court shall be free to proceed in accordance with law.

Urgent certified photostat copy of this order if applied for, be supplied to the parties expeditiously.

(DIPANKAR DATTA,J.)