SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2015 Supreme(Cal) 540

SOUMEN SEN
Shineup Fibres Ltd. – Appellant
Versus
Premier Threads Private Limited – Respondent


Advocates Appeared:
For the Appellant : Mr. Reetobroto Mitra, Mr. Suddhasatva Banerjee
For the Respondents: Mr. Anuj Singh, Mr. Saunak Sengupta, Mr. A. Samanta

JUDGMENT :

Soumen Sen, J.

The petitioner has filed an application for execution of a decree dated December 4, 2001 as amended on December 13, 2001. In the said proceeding this application has been filed for dismissal of the execution application, inter alia, on the grounds:-

i. The decree is incapable of being executed by this Hon’ble Court as none of the properties of the judgment debtor are within the jurisdiction of this Hon’ble Court and, hence, under Section 39(4) of the Code of Civil Procedure, 1908 the said application ought to be dismissed and/or be transferred to the appropriate Court.

ii. The decree is barred by limitation as it has been filed 12 years after passing of the decree.

2. The execution application has been filed on December 11, 2013.

3. The fate of the application depends upon a finding being arrived at in favour of the applicant/decree-holder that the period between the date of decree and correction of the decree are to be excluded in computing the period of limitation as the decree becomes enforceable and executable only after the decree was corrected and not prior thereto. In other words, the Court would be required to decide if the time interval between the ori




































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top