Calcutta High Court
Ashok Jhunjhunwala & Ors vs Kolkata Municipal Corporation & Ors on 5 October, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
WP No. 283 of 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ASHOK JHUNJHUNWALA & ORS.
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 5th October, 2016.
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Jishnu Chowdhury, Adv.
Mr. A. Ali, Adv.
Mr. Soumabho Ghose, Adv.
...for the petitioners
Mr. Saptangsu Basu, Sr. Adv.
Mr. D. Basu, Adv.
...for the private respondent
Mr. Barin Banerjee, Mr. Mukunda Lal Sarkar, Mr. Tapas Chandra, Advs.
...for K.M.C. The Court : I have no doubt in my mind that the parties are desirous to work out the settlement conceived of in the order dated 15th September, 2016. But they need a guiding hand of an expert in the field of conveyancing to effectuate this proposed settlement.
In those circumstances, I request Mr. Deep Narayan Mitra of Victor, Moses & Co. to provide the necessary assistance to the parties to work out this settlement including drawing up, executing and registering the necessary agreements. Mr. D.N. Mitra will also act as a mediator, if necessary, to effectuate this settlement. The remuneration of Mr. Mitra will be paid by the petitioners for the time being subject to the final order in this application.
2
But I make it absolutely clear that on one hand the parties cannot pursue a settlement and on the other hand pursue litigation.
I am quite disturbed to be shown the papers in title suit No. 1274 of 2016 ( Jagannath Mondal vs. Ashok Jhunjhunwala & Ors.) filed by one of the occupiers claiming for a declaration that he is an occupier and for protection from eviction.
On 26th September, 2016, the learned City Civil Court has passed an ex parte order of status quo with regard to "nature, character and possession of the suit property as on this day till 17th November, 2016".
I make it clear that at least till this process of settlement is under consideration, the parties will not pursue the suit any further or take any action for breach of the status quo order. There are two more identical suits and orders by two other occupiers.
I further make it clear that in working out the settlement proposed by the said order the parties may not be confined to the suggested terms in the order but may agree upon any other terms and conditions.
List this application once again for further consideration on 17th November, 2016.
(I. P. MUKERJI, J.) TR/