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Kolkata Court January 1993 Judgments

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Jan 04 1993

B.K. Saha and Company Vs. C.M.D.A.

Court: Kolkata

Decided on: Jan-04-1993

Reported in: AIR1993Cal249

1. This suit was originallyinstituted against the trustees for the improvement of Calcutta. Since then the name of 'Calcutta Metropolitan Development Authority (C.M.D.A.)' has been substituted in place and stead of the original defendant which has superseded the original defendant, pursuant to a notification of 1989 issued by the Governor of West Bengal. In the suit the plaintiff has claimed a sum of Rs. 49,39,813/-under different heads of claims. The plaintiff also originally claimed specific performance of the Contract No. 5269 dated 27th November, 1981 and for declaration that the purported termination of the contract is void. The plaintiff alternatively claimed an enquiry to ascertain the damages payable to theplaintiff. The plaintin also claimed reiund of security deposit and retention money.2. Particulars of the different claims forming part of the said sum of Rupees 49,39,813/- are set out in Schedules B, C, D and E to the plaint. In Schedule 'B' of a sum of Rs. 28,87,716/- has ...


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