Calcutta High Court
Hemraj Mahabir Prasad Ltd. & Ors vs Kolkata Municipal Corporation & Ors on 3 December, 2008
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
WP No. 1726 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
HEMRAJ MAHABIR PRASAD LTD. & ORS. Plaintiff/Petitioner/Applicant
Versus
KOLKATA MUNICIPAL CORPORATION & ORS. Defendant/Respondent
For Plaintiff/Petitioner : Mr. Shaktinath Mukherjee, Sr. Adv.
Mr. Subrata Kumar Basu, Adv.
Mr. Samar Kumar Basu, Adv.
Mr. Saptangsu Basu, Adv.
For Defendant/Respondent : Mr. Ashok Das Adhikary, Adv.
Mr. Sandip De, Adv.
Mr. Debangshu Mondal, Adv.
BEFORE:
The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 3rd December, 2008.
The Court :- The legality and correctness of demand towards the outstanding rates and taxes of the petitioner's premises to the extent of Rs. 2,52,90,816/- appearing at page 34 of the writ petition has been challenged by the petitioner only on the ground that a sum of Rs. 74,00,000/- which was paid by the petitioner from time to time towards the aforesaid arrears and was kept in the suspense account, has not been adjusted against the petitioner's dues.
Mr. Das Adhikary, learned Counsel appearing for the Kolkata Municipal Corporation submits that the sum of Rs. 74,00,000/- which the petitioner deposited towards his outstanding dues has already been adjusted and the demanded amount of Rs. 2,52,90,816/- is the actual amount which the petitioner is now liable to pay after adjustment of the said amount of Rs.74 lakh. Mr. Das Adhikary also assures this Court that he will produce the entire 2 records showing the basis of the calculation of the petitioner's outstanding dues wherefrom the claim of the Corporation regarding adjustment of the sum of Rs. 74 lakh as aforesaid will be evident, on the next date of hearing.
Accordingly, the hearing of this application stands adjourned till 8th December, 2008 when the Municipal Authority is required to produce such records before this Court. For the time being the Municipal Authority will not take any coercive measures for realization of its outstanding dues as per the demand appearing at page 34 of the writ petition unconditionally for a period of two days from date and if in the meantime the petitioner deposits a sum of Rs. 50 lakh by Banker's Cheque or Pay Order to be drawn in the name of the Kolkata Municipal Corporation with the Corporation, such interim order will continue till 15th December, 2008. Such Pay Order and/or Banker's Cheque should be tendered to the Assessor Collector (North), Kolkata Municipal Corporation who is also directed to accept the same.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(JYOTIRMAY BHATTACHARYA, J.) snn.