Judgment:
ORDER
SHEET GA No.2871 of 2013 With CS No.413 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT PURABI DE & ORS.Versus ALOKE KR.
DUTTA & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 8th November, 2013.
Appearance: Mr.K.K.Baral, Adv.…for the plaintiff Mr.Ashok Basu, Adv.Mr.Purnendu Das, Adv.…for the defendant Mr.Biswajit Ghosh, Adv.…for the defendant no.20 Mr.Goutam Chakraborty, Adv.Receiver.
The Court : Leave is granted to the plaintiff to file a supplementary affidavit with copies to all concerned.
Such affidavit is filed in which the indenture of lease dated 29th June, 2005 is annexed.
I find from that lease that Standard Chartered Bank had obtained lease from the Joint Receivers in this suit.
Particularly in recitals ‘A’ and ‘B’ of that document, the capacity of the Joint Receivers has been stated, that 23 persons together are the owners of the demise.
Mr.Ghosh appearing on behalf of the bank is directed to find a solution to the problem.
The parties submit that the individual entitlements are insufficient to attract the necessity of deduction of TDS.
The parties are directed to furnish all particulars to the Receiver (who was appointed in place and stead of the erstwhile Joint Receivers by the preliminary decree) regarding the individual shares and entitlement of each of the owners out of the aggregate monthly rent payable by the bank in respect of the demise.
The Receiver upon getting such particulars will immediately furnish the same to the bank.
The bank will use the particulars to find its way to make payment of rent to the Receiver, as well as address their income tax issues.
The matter is adjourned for a fortnight.
All parties and Standard Chartered Bank are to act on a signed photocopy of this order on the usual undertakings.
(ARINDAM SINHA, J.) B.Pal