Apeejay Private Limited Vs. Uco Bank - Court Judgment

SooperKanoon Citationsooperkanoon.com/1061045
CourtKolkata High Court
Decided OnApr-17-2012
JudgeI. P. MUKERJI
AppellantApeejay Private Limited
RespondentUco Bank
Excerpt:
order sheet in the high court at calcutta ordinary original civil jurisdiction original side ga 234.of 201.cs 14.of 2011 with ga 255.of 2011 apeejay private limited versus uco bank before: the hon'ble justice i.p.mukerj.date :17. h april, 2012. mr.j.chowdhury, advocate mr.anuj singh, advocate mr.biswajit kumar, advocate ms.shruti swaika, advocate ..for apeejay pvt.ltd.mr.s.chaudhury, advocate. …for uco bank. the court :- the defendant bank through mr.chaudhury, learned advocate has taken an extremely fair stand in this chapter xiiia application. this application is taken out in aid of a suit for eviction. the tenancy was monthly. the rent payable was rs.74,477/- per month for flat no.13, park mansion, 57a, park street, kolkat”016. a notice under section 106 of the transfer of property act, 1882 was issued by the plaintiff on 21.6.2010. by virtue thereof the tenancy of the defendant stood determined with the end of 6th july, 2010. instead of taking untenable points of defence, the defendant has prayed for one-year’s time to vacate the premises, which the court happily grants, subject to the conditions below. therefore, i allow this application by passing an order in terms of prayer (a) and (b) of the master’s summons. mr.supriyo bose, learned advocate of the bar library club is appointed special referee to determine the mesne profits at a remuneration of 600 gms per sitting to be shared equally by the parties. the report is to be filed within four months from the date of communication of this order. the defendant should quit and vacate the above premises by 17th april 2013. they will continue to pay the last rent paid as occupation charges, subject to determination of mesne profits and the adjustment claim made by virtue thereof. the above suit is partly decreed to the above extent. let the decree be drawn up expeditiously. all parties are to act on a signed photocopy of this order on the usual undertakings. gh. (i.p.mukerji, j.)
Judgment:

ORDER

SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA 234.OF 201.CS 14.of 2011 WITH GA 255.of 2011 APEEJAY PRIVATE LIMITED Versus UCO BANK BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :

17. h April, 2012.

Mr.J.Chowdhury, Advocate Mr.Anuj Singh, Advocate Mr.Biswajit Kumar, Advocate Ms.Shruti Swaika, Advocate ..for Apeejay PVT.LTD.Mr.S.Chaudhury, Advocate.

…for UCO Bank.

The Court :- The defendant bank through Mr.Chaudhury, learned Advocate has taken an extremely fair stand in this Chapter XIIIA application.

This application is taken out in aid of a suit for eviction.

The tenancy was monthly.

The rent payable was Rs.74,477/- per month for flat No.13, Park Mansion, 57A, Park Street, Kolkat”

016.

A notice under Section 106 of the Transfer of Property Act, 1882 was issued by the plaintiff on 21.6.2010.

By virtue thereof the tenancy of the defendant stood determined with the end of 6th July, 2010.

Instead of taking untenable points of defence, the defendant has prayed for one-year’s time to vacate the premises, which the Court happily grants, subject to the conditions below.

Therefore, I allow this application by passing an order in terms of prayer (a) and (b) of the Master’s Summons.

Mr.Supriyo Bose, learned Advocate of the Bar Library Club is appointed special referee to determine the mesne profits at a remuneration of 600 GMS per sitting to be shared equally by the parties.

The report is to be filed within four months from the date of communication of this order.

The defendant should quit and vacate the above premises by 17th April 2013.

They will continue to pay the last rent paid as occupation charges, subject to determination of mesne profits and the adjustment claim made by virtue thereof.

The above suit is partly decreed to the above extent.

Let the decree be drawn up expeditiously.

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

GH.

(I.P.MUKERJI, J.)