Supreme Court - Daily Orders
Anadi Kumar Majee vs M/S Charu Chitra on 13 February, 2015
Bench: Sudhansu Jyoti Mukhopadhaya, N.V. Ramana
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2037 OF 2015
(Arising out of SLP (C)No. 386 of 2014)
SRI ANADI KUMAR MAJEE ...Appellant(s)
VERSUS
M/S CHARU CHITRA ... Respondent(s)
WITH
CIVIL APPEAL NO. 2137 OF 2015
(Arising out of SLP(C) No. 659 of 2014)
SRI ANADI KUMAR MAJEE ... Appellant(s)
VERSUS
M/S.CHAYABANI PVT. LTD. ... Respondent(s)
O R D E R
Leave granted.
These appeals have been preferred by the appellants against the orders dated 06.05.2013 and 07.05.2013 passed by the High Court of Calcutta in CAN 1456 of 2012 and CAN 1455 of 2012 in S.A. No. 111 of 2012 and in S.A. No.109 of 2012.
By the impugned order dated 06.05.2013, the High Court taking into consideration the fact that the Ejectment Execution Case No. 181 of 2011 has already been stayed, allowed rent to be paid by Signature Not Verified Digitally signed by Meenakshi Kohli respondent-tenant at the rate of Rs.40/- per square feet Date: 2015.02.28 16:10:44 IST Reason: per month.
It appears from the record that the appellant 2 submitted a valuer's report showing market rent of the property at Rs.110 per square feet per month. However, the Court after hearing the parties allowed only Rs.40/- per square feet per month.
After some arguments, learned counsel for the respondent has agreed to pay the rent at the rate of Rs.60/- per square feet per month from the date the High Court ordered to pay the rent, which has been readily agreed to by the learned counsel for the appellant.
In view of the agreement reached between the parties, we modify the orders dated 06.05.2013 and 07.05.2013 passed by the High Court and direct the respondent to pay rent at the rate of Rs.60 per square feet per month from the date the High Court ordered to pay such rent.
The impugned orders dated 06.05.2013 and 07.05.2013 passed by the High Court stands modified to the extent mentioned above. The appellant is permitted to withdraw the amount as and when the amount is deposited with the court.
Both the appeals are disposed of in the abovesaid terms.
..........................., J. [ SUDHANSU JYOTI MUKHOPADHAYA ] ..........................., J. [ N.V. RAMANA ] New Delhi;
February 13, 2015.
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ITEM NO.38 COURT NO.4 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 386/2014
(Arising out of impugned final judgment and order dated 06/05/2013 in CAN No. 1456/2012,06/05/2013 in SA No. 111/2012 passed by the High Court Of Calcutta) SRI ANADI KUMAR MAJEE Petitioner(s) VERSUS M/S CHARU CHITRA Respondent(s) (with interim relief and office report) WITH SLP(C) No. 659/2014 (With Office Report) Date : 13/02/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Abhijeet Chatterjee, Adv. Mr. Aniruddha Chatterjee, Adv. Mr. Dharmendra Kumar Sinha,Adv.
For Respondent(s) Mr. Rana Mukharjee, Adv. Ms. Shipra Ghose, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
(Nidhi Ahuja) (Suman Jain)
COURT MASTER COURT MASTER
[Signed order is placed on the file.]