Calcutta High CourtEC/1071/2015disposed

Npr Finance Limited v. Sanjay Khemani

2025-09-12Hon'Ble Justice Ravi Krishan Kapur2 pages

OIPD-1-2

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE (Intellectual Property Rights Division) EC/1071/2015 IA NO: GA/1/2016(Old No:GA/3661/2016), GA/2/2023, GA/3/2024 NPR FINANCE LIMITED VS SANJAY KHEMANI EC/1072/2015 RANI LEASING AND FINANCE LIMITED VS SANJAY KHEMANI

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 12th September, 2025.

Appearance:

Mr. Rudrajit Sarkar, Adv.

Mr. Chiranjib Sinha, Adv.

Mr. Vanshika Newar, Adv.

...for the decree holder.

Mr. Debdut Mukherjee, Adv.

Mr. Vivek Basu, Adv.

Ms. Srijeeta Gupta, Adv.

Ms. Sonia Das, Adv.

...for the judgment debtor.

The Court: Both the parties jointly submit that pursuant to an out of Court settlement, the judgment debtor, in terms of the settlement had already made certain payments.

Initially, the judgment debtor had originally agreed to clear the dues in installments with 15 days of every quarter but the judgment debtor due to his ill health is presently in a serious condition and has been unable to make any payment for the last two quarters this year.

In view of the above, the decree holder has allowed the judgment debtor time till October 31, 2026 to clear the outstanding dues in terms of the settlement arrived at between themselves. It is also submitted that in the event of any unforeseen situation arising causing death of the judgment debtor, the decree holder shall be at liberty to pursue its claim against the legal heirs of the judgment debtor in accordance with law.

In view of the above, no purpose would be served by keeping the instant execution petitions pending.

Accordingly, the execution proceedings are disposed off with liberty to the decree holder to apply for filing fresh execution proceedings for realization of the balance decretal sum in the unforeseen event that the out of Court Settlement arrived at between the parties is not complied with by the judgment debtor.

With the above directions, EC/1071/2015 alongwith EC/1072/2025 alongwith all pending applications stand disposed of. (RAVI KRISHAN KAPUR, J.) SK.