ultimately issued the writ of
delivery of possession through Court's Bailiff with
Police Assistance and directed to break open the
padlocks ... suit property. But the writ was
returned unexecuted by the bailiff as revealed from
order dated 06.9.2017.
In view of the order dated 18.7.2017 passed
natural justice have been
grossly violated. Learned Advocate further submits that the bailiff was
never examined before allowing the said application for police help ... averments
made in the application by the opposite parties the seal bailiff of the
Court went to the suit property
filed. Writ of delivery of possession was accordingly issued. The Court
bailiff in execution of said writ of delivery of possession handed over possession ... that
delivery of possession of the flat was given by the Court bailiff to him, being
4
representative of the company, on 4th January
appreciating the
fact that service by way of affixation of summons
through bailiff is week a kind of service and in fact
it raises only ... Trial Court has recorded its satisfaction as
regards service of summons through bailiff on the
basis of the bailiff's report dated October
appreciating the
fact that service by way of affixation of summons
through bailiff is week a kind of service and in fact
it raises only ... Trial Court has recorded its satisfaction as
regards service of summons through bailiff on the
basis of the bailiff's report dated October
possession was not sought
to be executed in the normal way. The bailiff's report was manufactured.
6. Mr. Aniruddha Chatterjee, learned advocate ... stayed, but should
continue. Next, it was submitted, that in 2010, the bailiff was restrained
from delivering possession of the property and the decree-holders
petitioners/judgment debtors although, the petitioners
did not obstruct the bailiff, and despite the
bailiff/process server having not visited the petitioners'
property ... date, a report
to the contrary was prepared by the process server/bailiff.
In any event, it is submitted that the application for
police help
petitioners
praying for a direction upon the decree holder or the
seal bailiff to supply the name of the first witness stood
rejected ... submits that the petitioner filed an
application for recalling of the seal bailiff in order to put
certain questions to him which, through inadvertence,
could
petitioners
praying for a direction upon the decree holder or the
seal bailiff to supply the name of the first witness stood
rejected ... submits that the petitioner filed an
application for recalling of the seal bailiff in order to put
certain questions to him which, through inadvertence,
could
petitioner contended that there is
dispute regarding the action of the bailiff of the
learned Court and challenging the aforesaid execution
of the writ ... delivery of possession by the bailiff the
petitioners herein filed application under Section 144
of the Code of Civil Procedure read with Section
