Nirmal Kumar Kothari v. State Of West Bengal And ANR
Court No. 6 CO 1893 of 2025 (265719) 18.06.2025 Nirmal Kumar Kothari Vs.
State of West Bengal & Anr.
(AD 7) (S. Banerjee) Mr. Sukanta Chakraborty Mr. Anindya Halder ...for the petitioner Mr. Rajarshi Basu ...for the opposite party no. 1 Affidavit of service filed in Court today, is taken on record.
Learned advocate appearing for the State submits that this is an application praying for expeditious hearing of the withdrawal application. Mr. Chakraborty, learned advocate appearing for the petitioner submits that there has been unnecessary delay in disposal of the application for withdrawal of the decreetal amount in LA Execution Case No. 95 of 2018 pending before the learned Additional 5th Special LA Judge (4th Additional District Judge), Alipore, South 24 Parganas.
By drawing the attention of the court to the various orders Mr. Chakraborty submits that repeated dates were fixed for clarification regarding
the assignee and the assignor. He submits that the next date has been fixed in the execution case on August 25, 2025.
Mr. Chakraborty submits that the issue with regard to whether the assignee or the assignor is entitled to the decreetal amount has already been decided and it is only the withdrawal application which is pending.
In the light of the submission made by Mr. Chakraborty, learned advocate appearing for the petitioner, liberty is granted to the petitioner to produce the material records/documents before the learned Judge in support of his contention that the issue with regard to assignee or assignor has already been clarified at an earlier stage.
The learned executing court is directed to dispose of the application for withdrawal of the decreetal amount within a period of eight weeks from the next date fixed without granting any unnecessary adjournments to either of the parties.
The learned executing court is further directed to take note of the order no. 6 dated June 24, 2019 passed in LA Execution Case No. 95 of 2018.
(Hiranmay Bhattacharyya, J.)