Calcutta High Court
The Board Of Trustees For The Port vs Ghatal Steam Navigation Co. Ltd. & Anr on 27 August, 2013
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
CS No.422 of 1980
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
THE BOARD OF TRUSTEES FOR THE PORT,CALCUTTA
Versus
GHATAL STEAM NAVIGATION CO. LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 27th August, 2013.
Appearance:
Mr. Dipak Ranjan Mukherjee, Adv.
. . .for the plaintif.
Mr. Moloy Ghosh, Adv.
Mr. Pramit Roy, Adv.
Mr. Arindam Mukherjee, Adv.
Mrs. M. Sen. Adv.
. . .for the defendant no.1.
Mr. Ashoke Banerjee Sr. Adv.
Mr. Amitava Deb, Adv.
. . .for the defendant no.2.
The Court: Each of the defendants in the suit in terms of my earlier order had deposited a sum of Rs.45 lacs with the plaintiff by way of a bank draft towards part satisfaction of the amount payable by each of the defendants to the plaintiff. This order was passed on the basis of the calculation furnished by the plaintiff with regard to the arrear rentals and other charges payable by each of the defendants to the plaintiff for availing the services. 2
Mr. Moloy Ghosh, learned Counsel appearing for the defendant no.1, today produced before this Court a notification purported to have been published by the Tariff Authority of Major Ports dated 2nd March, 2011 and pointed out serial no.32e which, according to the learned Counsel, could be applicable to the plaintiff for availing such services. He has pointed out that at best the Port Authorities could charge Rs.10,698/- for per 100 sq. meters per month and, accordingly, Port Authorities being bound by the said notification should recalculate the arrear dues and fix the present rent and other charges payable for availing such services. The learned Counsel appearing on behalf of the plaintiff prays for some time to take instructions in the matter. In view thereof, the suit is adjourned till 11th September, 2013.
The Port Authorities are directed to communicate their decision within the aforesaid time to each of the defendants so that the suit can be disposed of on the proposed terms filed before this Court on the returnable date.
Port Authorities and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) SP/