Sanjib Banerjee, J. - (1.) The appeal is by the judgment-debtor in the execution proceedings, complaining of the executing court virtually conferring title in respect of an immovable property in favour of a stranger applicant despite such applicant questioning the very authority of this court to entertain or continue with the execution proceedings.
(2.) The appellant suffered a decree for sum of Rs.14 lakh, together with interest thereon, in a court in Madhya Pradesh. The decree of March 9, 2000 was transferred to the court of the District Judge, Kolkata and the decree-holder carried the matter to the City Civil Court at Calcutta by way of Money Execution Case No.7 of 2001. However, since the City Court lacked the pecuniary jurisdiction at the relevant time to execute a decree for an amount in excess of Rs.10 lakh, the decree was returned to the decree-holder for presentation to the appropriate court. In August, 2001 the decree-holder, the first respondent herein, lodged the decree for execution in this court.
(3.) In the meantime, the Debts Recovery Tribunal-II, Kolkata received an ex parte certificate dated August 31, 2001 issued by the Debts Recovery Tribunal, Patna against, inter alia, the appellant herein for recovery a sum in excess of Rs.4.83 crore. The State Bank of India, Jamshedpur Branch had obtained the certificate and caused the transfer thereof to DRT-II in Kolkata. On February 28, 2002, an order of attachment and receiver was passed by the DRT-II, Kolkata over a property of the appellant herein at 10, Jessore Road, Kolkata-700028. It appears that the appellant herein was the guarantor in respect of the credit facilities granted by State Bank to an entity by the name of G. R. Magnets and the Jessore Road property was put up by the appellant herein as collateral security in such context.;