Calcutta High Court
Silverline Investment Co. Pvt. Ltd.& ... vs Kolkata Municipal Corporation & Ors on 19 April, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
WP 347 OF 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SILVERLINE INVESTMENT CO. PVT. LTD.& ANR
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
............
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI Date : 19th April, 2016.
Mr. A. Mitra, senior advocate, Mr. S.K. Dey...appear.
Mr. A. Banerjee, Ms. K. Bhattacharyya...appear.
Mr. V. Raja Rao, Ms. S. Dutta...appear.
The Court : It appears from the submission made by the parties that this court passed orders in an earlier writ [WP no.503 of 2001 Silverline Investment Co. Ltd. Vs. Punjab & Sind Bank] waiving interest and penalty on Kolkata Municipal Corporation property tax dues of the petitioner and directing payment of Rs.53,23,658.46 for the assessment period upto the 4th quarter 2001-2001.
There is practically no dispute that this amount of Rs.53,23,658.46 has been paid by the petitioner.
Yet, there is an additional demand of Rs.85 lacs and odd which is challenged by the writ petitioner in this writ.
On the above prima facie case, this writ application is admitted. Let affidavits be exchanged according to the following directions:
Let affidavit in opposition be filed by 10th May, 2016. List this application on 8th June, 2016. Affidavit in reply, if any, may be filed in the meantime.
Till disposal of the writ, the Kolkata Municipal Corporation will not take any recovery proceeding or any other coercive action against the writ petitioners in respect of the said period without the leave of this court.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I. P. MUKERJI, J.) Pkd. A.R.[C.R.]