Mr. Anuj Singh, learned Advocate submits that the petitioner should
be released forthwith from the custody.
Mr. Rupak Ghosh, learned Advocate appearing for the decree-holder
has opposed the prayers and the application vehemently. Referring to
Section 58 of the Code of Civil Procedure, 1908 he submits that none of
the tests laid down therein has been satisfied, as would be evident from the
averments made in the petition. Hence, no order should be passed in this
application.
After considering the rival contention of the parties and upon perusal
of the records, it appears to this Court that admitted position is there has
been a decree for a sum of Rs.32,44,424/- on account of principal along
with further amount of interest as decreed and the judgment-debtor has
failed and neglected to pay any part of it.