Mirzapur Electrical Industries Ltd v. Ctr Manufacturing Industries Ltd

04.03.25 24 Ct. No. 06 Sws.M CO 745 of 2025 Mirzapur Electrical Industries Limited vs.

CTR Manufacturing Industries Limited Mr. Amrita Lal Dhar ...for the petitioner This application under Article 227 of the Constitution of India is at the instance of the judgment debtor and is directed against an order No. 30 dated 16th December, 2024 passed by the learned Chief Judge, City Civil Court at Calcutta in Money Execution Case No. 664 of 2018. By the impugned order, 30th January, 2025 was fixed for hearing of the review application to be filed by the decree holder.

Learned advocate for the petitioner submits that by order dated 6th December, 2024, the petitioner was directed to pay the first installment by way of a demand draft. He submits that the judgment debtor was ready to pay the said amount but the decree holder refused to accept the same on the ground that the decree holder intends to file a review application before the learned Chief Judge, City Civil Court at Calcutta. The petitioner cannot be said to be a person aggrieved against an order fixing a date for hearing of the review application. If the point of maintainability of the review application is raised, the Chief Judge, City Civil Court at Calcutta shall

decide the same in accordance with law prior to taking up the review application on merits.

With the above observations, CO 745 of 2025 stands disposed.

(Hiranmay Bhattacharyya, J.)