Calcutta High Court
Kusum Rathod & Ors vs Ramsarup Industries Limited on 24 November, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 3305 of 2009
GA NO. 3084 OF 2009
CS No. 250 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
KUSUM RATHOD & ORS.
Versus
RAMSARUP INDUSTRIES LIMITED
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 24th November, 2010.
Appearance:
Mr. Samit Talukdar, Sr. Adv.
Mr. Abhrajit Mitra, Adv.
Mr. Priyankar Saha, Adv.
The Court : In this suit for eviction, the plaintiffs have applied for a direction on the defendant to make payment of the arrears on account of occupation charges and to continue to make payment of the monthly occupation charges at the last paid rate without prejudice to the plaintiffs' rights and contentions. 2
On November 26, 2009 an order was made directing the defendant to make payment of the occupation charges at the rate last paid. The parties agree that the rate is Rs.5,40,000/- per month for the space of about 9224 sq.ft on K. S. Roy Road. GA No.3084 of 2009 is the plaintiffs' application and GA No.3305 of 2009 is the defendant's application for vacating the order dated November 26, 2009 which has now been treated as an opposition to the plaintiffs' principal interlocutory application.
The parties are agreed that the defendant will continue to make payment of the monthly sum of Rs.5,40,000/- to the plaintiffs during the pendency of the suit and the plaintiffs will receive and appropriate the amount without prejudice to the rights and contentions of the parties in the suit.
The defendant says that the defendant has tendered the monthly occupation charges in accordance with the order dated November 26, 2008.
GA No.3084 of 2009 and GA No.3305 of 2009 are disposed of by directing the defendant to continue making payment of the monthly occupation charges of Rs.5,40,000/- till further orders.
There will be no order as to costs.3
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) Bp.
A.R(C.R)