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Calcutta High Court

Silverline Investment Co. Pvt. Ltd. & ... vs Kolkata Municipal Corporation & Ors on 11 March, 2020

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OD-47

                                     W.P. No. 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 RAVI KRISHAN KAPUR
  Date : 11th March, 2020.


                                                                                Appearance:
                                                                        Mr. A. Mitra, Sr. Adv.
                                                                              Mr. S. De. Adv.
                                                                         Ms. N. Adhya, Adv.
                                                                         Mr. A. Sarkar, Adv.
                                                                         ...for the petitioners

                                                                  Mr. Alak Kr. Ghosh, Adv.
                                                            Mr. Achintya Kr. Banerjee, Adv.
                                                                 Mr. Jayanta Mohanti, Adv.
                                                                               ...for K.M.C.

      The Court : Mr. Ghosh, learned counsel appearing for the Corporation

submits that he requires to take instructions as to the grievance of the

petitioners.   In     respect   of    the   premises   in   question,     a   payment      of

Rs.53,23,658.46/- had been paid on account of Municipal arrears. It is

submitted on behalf of the petitioner that the said amount is lying in a suspense

account. It is further submitted on behalf of the petitioner that an additional

demand of Rs.85 lakhs (approximately) has been made without giving the

petitioner adjustment for the said amount of Rs.53,23,658.46/-. The Corporation
                                            2


is directed to take instructions. The Corporation is also directed to produce all

relevant records prior to the adjourned date of hearing. The Corporation is also

directed to serve the respondent-Corporation the full particulars of the account

prior to the adjourned date of hearing.

List this matter on 22nd April, 2020 for further hearing.

(RAVI KRISHAN KAPUR, J.) S.Bag