Calcutta High Court
Mechano Paper Machines Ltd vs Nepc Papers & Boards Ltd. & Ors on 3 May, 2011
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
APOT No.180 of 2011
GA No. 1254 of 2011
EC No. 114 of 2011
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
MECHANO PAPER MACHINES LTD.
Versus
NEPC PAPERS & BOARDS LTD. & ORS.
For Appellant : Mr. J. Mitra, Senior Advocate with
Mr. S. Dutt, Advocate
For Respondent : Mr. S. Chowdhury, Advocate
BEFORE:
The Hon'ble JUSTICE BHATTACHARYA The Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI Date : 3rd May, 2011.
Since a pure question of law arises for determination of this appeal, we propose to fix the appeal itself on 11.5.2011.
We dispense with the necessity of filing paper book, as the only question involved in this appeal is whether this Court, in execution of a money decree, has right to attach and sell properties situated beyond the territorial limit of this Court after the insertion of sub-Section 4 of Section 39 of the Code of Civil Procedure.2
Let there be stay of all further proceedings of connected execution case till 16th May, 2011.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(BHATTACHARYA, J.) (DR. SAMBUDDHA CHAKRABARTI, J.) sm AR[CR]