- (1.) The Court Decree holder is seeking to execute the decree of this Court and the relief prayed for in the tabular statement, inter alia, are for attachment of certain immovable property situated at Gariahat Road, Kolkata and for a Receiver to be appointed over the said properties and for sale thereof for realisation of the decree granted by this Court dated March 26, 1999.
(2.) It must be stated here that the decree holder herein was the defendant in the suit C.S. No. 122 of 1997 which was filed by the judgment debtor herein being the plaintiff. Reliefs inter alia prayed were: (a) Declaration that the plaintiff is entitled to delivery and possession of the original Title Deeds in respect of two flats being Flat Nos. 2 and 2A at 40, Gariahat Road, Calcutta - 700031 from defendant company upon payment of a sum of Rs. 9,62,177/- in full and final settlement of the dues of the plaintiff under the loan Agreement; (b) Permanent injunction restraining the defendant, its servants, agents and/or assigns from dealing with disposing of, alienating, encumbering land/or selling the two flats, being Flat Nos. 2 and 2A at 40, Gariahat Road, Calcutta - 700031.
(3.) It is stated that the defendant (decree holder) in the said suit filed a written statement and made a counter claim for Rs. 12,57,257.41p.;