High CourtsDivision Bench(2020) 11 CAL CK 0012

Tanima Alam Mallick Alias Tanima Islam Mallick vs Rajib Saha And Anr

Calcutta High Court · Decided on 25 November 2020

HON’BLE JUDGES
Sanjib Banerjeea, J · Aniruddha Roy, J
RESULT
Disposed Of
CASE NUMBER
General Application (GA) No. 2 Of 2020, APO 13 Of 2020

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Judgment

11 paragraphs · 217 words

A pay order for Rs. 28 lakh drawn on IDBI Bank, Kankurgachi Branch has been made over on behalf of the appellant to advocate for the first

respondent in Court today. The first respondent unequivocally accepts such payment in full and final satisfaction of the balance decretal dues.

The Registrar, Original Side will return the title deeds of the appellant’s property that had been deposited with such Registrar pursuant to previous

orders of Court. In view of the money claim of the first respondent being satisfied, there will be no further impediment in the appellant dealing with the

appellant’s property in accordance with law.

As a consequence, APO 13 of 2020 along with all interlocutory applications therein including GA 2 of 2020 stand disposed of. EC 185 of 2019 and all

pending applications therein should also be treated as disposed of. The decree stands discharged by payment.

In the unlikely event the pay order made over on behalf of the appellant in Court today is dishonoured upon presentation, this order will be of no effect

and all rights of the first respondent will revive and the first respondent will be entitled to proceed to realise the balance decretal debt, along with the

interest due thereon, in accordance with law.

There will be no order as to costs.