Turner Morrison Limited Vs. National Insurance Company Limited, Division1 - Court Judgment

SooperKanoon Citationsooperkanoon.com/1060924
CourtKolkata High Court
Decided OnAug-27-2013
JudgeSOUMEN SEN
AppellantTurner Morrison Limited
RespondentNational Insurance Company Limited, Division1
Excerpt:
order sheet cs no.230 of 2008 in the high court at calcutta ordinary original civil jurisdiction original side turner morrison limited versus national insurance company limited, division-1 before: the hon'ble justice soumen sen date :27. h august, 2013. mr.jishnu saha, adv.ms.ahana sikdar, adv..for the plaintiff mr.arindum mukherjee, adv.mr.sudeep pal choudhury, adv..for the defendant. the court: the order dated 21st august, 2013 was passed keeping in mind the order passed by the hon’ble supreme court in mohammad ahmad and another versus atma ram chauhan and others.reported clarified in (2011).that for supreme the court renewed cases period, if 755. it there is be further any, the defendant shall be liable to pay not only the municipal rates and taxes but other charges namely, water tax, maintenance charges, electricity charges for the actual consumption of tenanted premises and for any area so that the landlord gets the actual rent of which nothing would be deductible. it is clarified in mohammad ahmad and another (supra) that in case of water tax, maintenance charges, electricity charges and the same are also be borne by the tenant only. usual maintenance of the premises except major repairs would be carried out by the tenant only and the same would not be reimbursable by the landlord. in the draft agreement for lease that may be placed before this court for approval of such contents, such terms so that in future no controvers.arises with regard to the rights and liabilities of the parties under the lease. this court feels that for the initial period of five years the plaintiff may agree to have a fixed rent of rs.70/- per sq.ft., inclusive all municipal rates and taxes but any repairing work for the usual maintenance of the leased out portion of the premises shall be carried out by the lease. for the future period in case of an agreement being arrived at between the parties, it is needless to mention that the parties shall be guided by the terms indicated in mohammad ahmad and another (supra).the matter will appear on 4th september, 2013 under the same heading. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (soumen sen, j.) dg2
Judgment:

ORDER

SHEET CS No.230 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TURNER MORRISON LIMITED Versus NATIONAL INSURANCE COMPANY LIMITED, DIVISION-1 BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :

27. h August, 2013.

Mr.Jishnu Saha, Adv.Ms.Ahana Sikdar, Adv..for the plaintiff Mr.Arindum Mukherjee, Adv.Mr.Sudeep Pal Choudhury, Adv..for the defendant.

The Court: The order dated 21st August, 2013 was passed keeping in mind the order passed by the Hon’ble Supreme Court in MOHAMMAD AHMAD AND ANOTHER Versus ATMA RAM CHAUHAN AND OTHERs.reported clarified in (2011).that for Supreme the Court renewed Cases period, if 755.

It there is be further any, the defendant shall be liable to pay not only the municipal rates and taxes but other charges namely, water tax, maintenance charges, electricity charges for the actual consumption of tenanted premises and for any area so that the landlord gets the actual rent of which nothing would be deductible.

It is clarified in MOHAMMAD AHMAD AND ANOTHER (Supra) that in case of water tax, maintenance charges, electricity charges and the same are also be borne by the tenant only.

Usual maintenance of the premises except major repairs would be carried out by the tenant only and the same would not be reimbursable by the landlord.

In the draft agreement for lease that may be placed before this Court for approval of such contents, such terms so that in future no controveRs.arises with regard to the rights and liabilities of the parties under the lease.

This Court feels that for the initial period of five years the plaintiff may agree to have a fixed rent of Rs.70/- per sq.ft., inclusive all municipal rates and taxes but any repairing work for the usual maintenance of the leased out portion of the premises shall be carried out by the lease.

For the future period in case of an agreement being arrived at between the parties, it is needless to mention that the parties shall be guided by the terms indicated in MOHAMMAD AHMAD AND ANOTHER (Supra).The matter will appear on 4th September, 2013 under the same heading.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.

(SOUMEN SEN, J.) dg2