BHAGWATI PRASAD JHUNJHUNWALA (HUF) Vs. UCO BANK

JUDGEMENT

(1.) The instant Civil Order is at the instance of the decree holders challenging an order no. 20 dated April 13, 2021 passed by the learned Judge, Commercial Court at Alipore in Money Execution case no. 06 of 2019.

(2.) By the order impugned the execution case was transferred to the Court of the learned Civil Judge (Senior Division) First Court at Alipore.

(3.) The suit for recovery of possession and mesne profit was decreed by the learned Civil Judge (Senior Division) First Court at Alipore on March 31, 2012. The judgment debtor/ bank preferred a first appeal before this Hon 'ble Court against such decree. The decree holder preferred a cross objection for modification of the decree to enable them to claim mesne profits by filing a proceeding before the Trial Court. A Division Bench of this Hon 'ble Court modified the decree only to the extent that the decree holders would be entitled to file appropriate proceedings under Order 20 Rule 12 of the Code of Civil Procedure before the Trial Court. A Misc Case no. 8 of 2015 under Order 20 Rule 12 of the Code was initiated and the suit was decreed in final form so far as mesne profit is concerned which was assessed at Rs. 4,65,55,821[ Rupees Four crore sixty five lakhs fifty-five thousand eight hundred and twenty one only].