Smt. Jyotsna Mullick and ors. Vs. Kamales Mallick and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1087028
CourtKolkata High Court
Decided OnSep-24-2013
JudgeNADIRA PATHERYA
AppellantSmt. Jyotsna Mullick and ors.
RespondentKamales Mallick and ors.
Excerpt:
order sheet g.a.974 of 2013 with c.s.222 of 2001 in the high court at calcutta ordinary original civil jurisdiction original side smt. jyotsna mullick & ors.versus kamales mallick & ors.before: the hon'ble justice patherya date: 24th september, 2013. appearance: mr.lal ratan mondal, adv.… for the plaintiffs/petitioners mr.suchayan banerjee, adv.… for gupta enclave pvt.ltd.mr.kuldip mallick, adv.… for the receiver the court: in a suit for partition this application has been filed for interim reliefs. the petitioners seek partition of immovable properties belonging to them jointly. one of such properties is situate at prasanna kumar tagore street, kolkata-700006. the said property is comprised in premises nos.26/2a, 26/2/1a, 26/2/3a and 26/2/4a, prasanna kumar tagore street. the said premises in a dilapidated condition and an order of demolition has also been passed by the kolkata municipal corporation. the parties are unable to restore the said premises as it is beyond their means and, therefore, agreed to sell the said premises mentioned above. for such purposes an advertisement was issued and offers have been received by the receiver appointed in the said proceeding from param construction and development company of 11, goa bagan street, kolkata, a.k.banerjee, 4a madhab chatterjee lane and gupta enclave private limited, 107/1a, raja ram mohan roy sarani. of the offers made it is only gupta enclave private limited which has pursued its offer. the others have not appeared despite notice being given to them. this day also gupta enclave is the only offerer who is represented in court by its counsel and representative. in its letter gupta enclave offered to develop the said premises on a joint venture basis. it agreed to give 50 % of the developed property to the owners and retain 50 % to itself. it also agreed to make payment of a sum of rs.90 lacs in the manner as set out herein below:(i) rs.30 lacs will be deposited by the offerer gupta enclave as security deposit with the receiver till completion of the construction in the premises and on completion of construction and handing over of 50 % share to the owners.the principal sum of rs.30 lacs will be returned to the offerer gupta enclave. (ii) rs.60 lacs will be paid to the receiver by the offerer gupta enclave in lieu of the right to develop the said premises. the said payment mentioned above be made by the offerer gupta enclave within a fortnight from the date of receipt of this order. upon receipt of sums mentioned above the receiver will take steps to hand over the said premises mentioned above to gupta enclave for purposes of development. it is made clear that this order is passed this day only in respect of premises nos.26/2a, 26/2/1a, 26/2/3a and 26/2/4a, prasanna kumar tagore street. in respect of the other properties let the matter appear in the monthly list of november 2013. all parties to act on a photostat signed copy of this order on the usual undertakings. (patherya, j.) pa/sg2
Judgment:

ORDER

SHEET G.A.974 of 2013 With C.S.222 of 2001 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SMT.

JYOTSNA MULLICK & ORS.Versus KAMALES MALLICK & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date: 24th September, 2013.

Appearance: Mr.Lal Ratan Mondal, Adv.… for the plaintiffs/petitioners Mr.Suchayan Banerjee, Adv.… for Gupta Enclave PVT.LTD.Mr.Kuldip Mallick, Adv.… for the receiver The Court: In a suit for partition this application has been filed for interim reliefs.

The petitioners seek partition of immovable properties belonging to them jointly.

One of such properties is situate at Prasanna Kumar Tagore Street, Kolkata-700006.

The said property is comprised in premises Nos.26/2A, 26/2/1A, 26/2/3A and 26/2/4A, Prasanna Kumar Tagore Street.

The said premises in a dilapidated condition and an order of demolition has also been passed by the Kolkata Municipal Corporation.

The parties are unable to restore the said premises as it is beyond their means and, therefore, agreed to sell the said premises mentioned above.

For such purposes an advertisement was issued and offers have been received by the Receiver appointed in the said proceeding from Param Construction and Development Company of 11, Goa Bagan Street, Kolkata, A.K.Banerjee, 4A Madhab Chatterjee Lane and Gupta Enclave Private Limited, 107/1A, Raja Ram Mohan Roy Sarani.

Of the offers made it is only Gupta Enclave Private Limited which has pursued its offer.

The others have not appeared despite notice being given to them.

This day also Gupta Enclave is the only offerer who is represented in Court by its Counsel and representative.

In its letter Gupta Enclave offered to develop the said premises on a joint venture basis.

It agreed to give 50 % of the developed property to the owners and retain 50 % to itself.

It also agreed to make payment of a sum of Rs.90 lacs in the manner as set out herein below:(i) Rs.30 lacs will be deposited by the offerer Gupta Enclave as security deposit with the Receiver till completion of the construction in the premises and on completion of construction and handing over of 50 % share to the owneRs.the principal sum of Rs.30 lacs will be returned to the offerer Gupta Enclave.

(ii) Rs.60 lacs will be paid to the Receiver by the offerer Gupta Enclave in lieu of the right to develop the said premises.

The said payment mentioned above be made by the offerer Gupta Enclave within a fortnight from the date of receipt of this order.

Upon receipt of sums mentioned above the Receiver will take steps to hand over the said premises mentioned above to Gupta Enclave for purposes of development.

It is made clear that this order is passed this day only in respect of premises Nos.26/2A, 26/2/1A, 26/2/3A and 26/2/4A, Prasanna Kumar Tagore Street.

In respect of the other properties let the matter appear in the monthly list of November 2013.

All parties to act on a photostat signed copy of this order on the usual undertakings.

(PATHERYA, J.) pa/sg2