B.Rajalaxmi And ANR. v. K.M.Ramesh
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT PORT BLAIR ...
CRR/13/2019 B. Rajalaxmi and another ... Petitioner Vs.
K. M. Ramesh ... Respondent Mr. Arul Prasanth, Advocate ... for the petitioner Mrs.Anjili Nag, Advocate ... for the respondent December 9, 2021 [GNC] Item No.14 By this Revisional Application, the petitioner seeks an order of expeditious disposal of the execution petition pending before the Court.
Learned advocate appearing for the petitioner submits that despite the Court fixing maintenance at the rate of Rs.6000/- per month, the opposite party is not paying the same. At present, as on date, there is an arrear of Rs.106000/- to be paid by the opposite party to the petitioner. This is apart from the monthly maintenance of Rs.6000/- which the opposite party is required to pay to the petitioner.
Learned advocate for the opposite party submits that the opposite party will pay a sum of Rs.20,000/- per month commencing from December 15, 2021 till the entire arrears of Rs.106000/- is cleared. She submits that till such time, the entire arrears are cleared, a sum of Rs.20,000/- will include the sum of Rs.6000/- payable by the opposite party as maintenance to the petitioner. Subsequent to the clearance of the arrears, the opposite party will continue to pay the maintenance of Rs.6000/- month by month to the petitioner.
Learned advocate appearing for the petitioner submits that the opposite party may be directed to pay the sum as submitted in Court in the bank account of the petitioner the particulars of which are as follows:- "B.RAJALAXMI, SBI ACCOUNT No.30678979750 PORT BLAIR BRANCH IFSC: SBIN0000156"
Considering the rival contentions of the parties, in my view interest of justice will be sub-served by permitting the opposite party to clear the arrears of Rs.106000/- by monthly instalments. The opposite party will pay a sum of Rs.20,000/- per month commencing from this month payable by December 15, 2021 till the entire arrears are paid off. It is clarified that out of a sum of Rs.20,000/- a sum of Rs.14000/- will be adjusted towards the arrear and a sum of Rs.6000/-will be treated as a payment of monthly maintenance for the month concerned.
The opposite party will continue to make such payment by 15th of each month for which maintenance is due till the entire arrear of Rs.106000/- is cleared.
In the event, the last instalment to clear the arrear is for a lesser amount the opposite party will pay such lesser amount to the petitioner. The opposite party will pay the petitioner in the bank account as noted above.
Immediately upon the arrears being cleared by the opposite party, the petitioner is at liberty to withdraw the execution proceedings.
With the aforesaid directions, CRR/13/2019 is disposed of.
(Debangsu Basak, J. )