Techno Shop Pvt. Ltd. Vs. Punjab and Sind Bank - Court Judgment

ORDER

SHEET GA NO.2470 OF2013WITH CS NO.258 OF2008IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TECHNO SHOP PVT.LTD.Versus PUNJAB & SIND BANK ……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 27th January, 2014.

Mr.A.Mitra, Mr.S.Sen…appear.

The Court : None comes to oppose this application for confirmation of the report of the Commissioner dated 28th June, 2013 determining mesne profits.

Directions were made in this application on 27th August, 2013.

When no affidavit in opposition was filed the application was mentioned by the plaintiff and is thereafter appearing today as ‘Motion Adjourned (Unopposed)’.

The decree is dated 18th December, 2012.

The mesne profit determined by the learned Commissioner is from 20th December, 2008 till 31st July, 2012.

The lease was terminated under Section 106 of the Transfer of Property Act, 1882 with effect from 20th December, 2008.

A fresh lease was executed between the parties on and from 1st August, 2012.

Mesne profit has been granted for the intervening period @ Rs.91/- per sq.

ft.

I have gone through the report of the Commissioner.

I find that the assessment is most reasonable.

In fact, currently the bank is paying the plaintiff more than the assessed mesne profit, i.e.rent @ Rs.125/- per sq.

ft.

Hence this application succeeds.

Decree in terms of prayers [a]., [b].and [c].of the Master’s Summons.

The plaintiff will be entitled to interest on the above sum @ 9% per annum simple interest to be calculated on month to month rent from 20th December, 2008 until realisation.

I also record that the principal sum in terms of prayer [a].of the Master’s Summons has already been paid.

Department is to draw up the decree expeditiously.

This application [GA No.2470 of 2013].is allowed to the above extent.

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

(I.P.MUKERJI, J.) Pkd.

A.R.[C.R.].2