Ava Pyne and ors. Vs. Biva Pyne

Ava Pyne and ors. vs Biva Pyne

Type Court Judgment Court Kolkata Decided Jan 15, 2014

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https://sooperkanoon.com/case/1118673

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Citation: sooperkanoon.com/1118673
Court: Kolkata High Court
Judge: Banerjee
Decided On: Jan 15, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Ava Pyne and ors.

Respondent

Biva Pyne

Excerpt

.....january, 2014. appearance: mr.s.n. mookherjee, sr.advocate with mr.suman dutt and ms.subhra das mr.kausik chowdhury, ld. advocates for the petitioner mr.s.sengupta, ld. advocate for the respondent. the court :- under the consent decree the petitioner is entitled to rs.1.8 crore that was kept in deposit with the registrar, original side of this court as per order in this appeal so disposed of by a consent decree. mr.sourav sengupta, learned advocate appearing for the respondent would raise two objections. according to mr.sengupta, they were supposed to get the letter of attornment for the property already conveyed to them. such letter of attornment is yet to be handed over by the petitioner. the second objection raised by mr.sengupta would relate to 2/5th share in the money kept in deposit with the registrar, original side as one of the co-sharers has not applied for the same. mr.mookherjee, learned senior counsel appearing for the petitioner would assure this court, letter of attornment would be handed over upon receipt of the money from the registrar, original side. on the other issue, mr.mookherjee concedes that one of the co-sharer has not yet approached this court. we dispose of this application by directing the petitioners to sign the letter of attornment and hand over the same to mr.sengupta being the advocate-on-record for the respondent within one week from date. upon such handing over, the petitioners would be at liberty to withdraw their share amounting to rs.1.35 crore and inform mr.sengupta accordingly so that mr.sengupta could hand over the letter of attornment to his client. the registrar, o.s would reinvest the balance sum of rs.45 lac in a suitable interest bearing fixed deposit and keep the same renewed until a lawful claimant approaches for the same. ga no.2382 of 2013 is, thus, disposed of. (banerjee, j.) (arijit banerjee, j.) dg/

Full Judgment

1 ORDER

SHEET GA No.2382 of 2013 APO No.347 of 2008 CS No.163 of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE AVA PYNE & ORS.Versus BIVA PYNE BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 15th January, 2014.

Appearance: Mr.S.N.

Mookherjee, Sr.Advocate with Mr.Suman Dutt and Ms.Subhra Das Mr.Kausik Chowdhury, ld.

Advocates For the petitioner Mr.S.Sengupta, ld.

Advocate For the respondent.

The Court :- Under the consent decree the petitioner is entitled to Rs.1.8 crore that was kept in deposit with the Registrar, Original Side of this Court as per order in this appeal so disposed of by a consent decree.

Mr.Sourav Sengupta, learned Advocate appearing for the respondent would raise two objections.

According to Mr.Sengupta, they were supposed to get the letter of attornment for the property already conveyed to them.

Such letter of attornment is yet to be handed over by the petitioner.

The second objection raised by Mr.Sengupta would relate to 2/5th share in the money kept in deposit with the Registrar, Original Side as one of the co-sharers has not applied for the same.

Mr.Mookherjee, learned Senior Counsel appearing for the petitioner would assure this Court, letter of attornment would be handed over upon receipt of the money from the Registrar, Original Side.

On the other issue, Mr.Mookherjee concedes that one of the co-sharer has not yet approached this Court.

We dispose of this application by directing the petitioners to sign the letter of attornment and hand over the same to Mr.Sengupta being the Advocate-on-Record for the respondent within one week from date.

Upon such handing over, the petitioners would be at liberty to withdraw their share amounting to Rs.1.35 crore and inform Mr.Sengupta accordingly so that Mr.Sengupta could hand over the letter of attornment to his client.

The Registrar, O.S would reinvest the balance sum of Rs.45 lac in a suitable interest bearing fixed deposit and keep the same renewed until a lawful claimant approaches for the same.

GA No.2382 of 2013 is, thus, disposed of.

(BANERJEE, J.) (ARIJIT BANERJEE, J.) dg/

Same Court & Year Kolkata · 2014 Same Parties Ava Pyne and ors. vs Biva Pyne Same Subject Land Acquisition Same Judge Banerjee