Calcutta High Court
Shib Krishna Debutter Estate vs Janab Jalaluddin Ahmed Siddique & Ors on 8 July, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
GA No. 2156 of 2010
CS No. 224 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SHIB KRISHNA DEBUTTER ESTATE
Versus
JANAB JALALUDDIN AHMED SIDDIQUE & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 8th July, 2010.
Appearance:
Mr. Arnab Dutt, Adv.
Mr. Aniruddha Chatterjee, Adv.
Mr. Syed N. Arefin, Adv.
Mr. Rahul Karmakar, Adv.
Mr. Sandip De, Adv.
Mrs. Era Ghosh, Adv.
The Court : This is an application by the defendant nos.8 and 9 to file their written statements in a suit seeking a declaration that the 2 defendant nos.1 to 7 are liable to pay the Municipal taxes in respect of a certain property. The applying defendants say that the writ of summons was served on them late in November, 2009.
Considering the explanation proffered in the application the time to file the written statements by the applying defendants is extended by a fortnight from date.
It is, however, surprising that the Corporation agrees to contest the suit and wants to get involved in the disputes between the private parties herein. The suit is one where the plaintiff seeks a declaration that the defendant nos.1 to 7 should pay the Municipal rates and taxes in respect of a Weston Street property. It is not really the Municipal Corporation's concern as to who is liable to pay as long as Municipal Corporation can take steps, as entitled under the relevant statute, to proceed to recover its dues. It cannot immediately be appreciated as to why the Corporation and its assessor-collector, who have been impleaded, seek to contest the suit on merits.
The department will forward a copy of this order to the Municipal Commissioner.
GA No.2156 of 2010 is disposed of without any 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.) kc.
A.R(C.R)