NURUL HUDA LAYEK v. SUPRIYA CHOWDHURY SARCAR ALIAS SUPRIYA SARKAR
CO/3105/2026 · 2026-09-14
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 41614 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 41614 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sl.23 14.09.2026 Court No.6 BP C.O. 3105 of 2026
Nurul Huda Layek -versus- Supriya Chowdhury Sarcar alias Supriya Sarkar
Mr. Aniruddha Chatterjee, Sr. Advocate Mr. Kushal Chatterjee Mr. Debrup Choudhury ..for the petitioner
Mr. Nilankan Banerjee Mr. Pronab Halder ..for the opposite party
The orders dated 10.08.2026 and 28.08.2026 passed by the learned Civil Judge (Senior Division) 2nd Court, Alipore, in Money Execution Case No. 19651/13 is under challenge at the instance of the Judgement Debtors. A money decree of a principal sum of Rs. 5,4,1666/- together with interest of Rs. 41,666/- have been put into execution and an warrant of arrest has been issued against the petitioner by order dated 10.08.2026. The prayer for recall of the order dated 10.08.2026 was rejected by order dated 28.08.2026. Pursuant to the earlier order passed by the Court on 09.09.2026, Mr. Chatterjee submits that in order to secure the decretal amount, petitioner has invested a sum of Rs. 6,00,000/- in a Fixed Deposit. Mr. Chatterjee, learned senior advocate appearing for the petitioner submits that the petitioner has made a
2 deposit under Kuber Yojana Deposit Scheme of the UCO Bank, Circus Avenue Branch on 14th September, 2026 of an amount of Rs. 6,00,000/- carrying interest @ 5.25% which will be maturing on 14th March, 2027. He submits that the original fixed deposit receipt bearing no.032439 shall be filed before the executing court on 24th September, 2026 along with an affidavit that the petitioner shall not encash the said deposit receipt without the leave of the court and shall keep the same renewed from time to time. Photocopy of the deposit receipt has been furnished to the learned advocate for the opposite party. He however submits that if the said amount is paid to the opposite party, the opposite party will not proceed against the petitioner any further. However, this Court cannot direct the petitioner to pay the amount at this stage. The original Deposit receipt shall be retained in the Executing Court as a security for the decretal dues and shall be subject to the further orders that may be passed in the execution case. C.O. 3105 of 2026 stands disposed of by passing an order of stay of operation of the impugned orders till the end of the month of December, 2026 or until further orders whichever is earlier.
It will be open to the petitioner to pray for extension of the interim order before the executing court. 3 The original fixed deposit receipt is handed over to Mr. Kushal Chatterjee, learned advocate for the petitioner. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)