Calcutta High Court
The Board Of Trustees For The Port vs Ghatal Steam Navigation Co. Ltd. & Anr on 29 July, 2013
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
CS No. 422 of 1980
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
THE BOARD OF TRUSTEES FOR THE PORT, CALCUTTA
Versus
GHATAL STEAM NAVIGATION CO. LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date: 29th July, 2013.
Appearance:
Mr. Dhruba Ghosh, Advocate ...for the plaintiff.
Mr. Moloy Ghosh, Advocate Mr. Pramit Kumar Ray, Advocate ...for the defendant No.1.
Mr. Ashoke Banerjee, Senior Advocate Mr. Amitava Deb, Advocate ...for the defenant No.2.
The Court: After hearing the learned counsel for the parties, it appears that the matter can be settled if some time is given to the defendants to pay the admitted dues. Each of the parties has placed before this court the computations. The parties have more or less agreed to the figures submitted on behalf of KOPT.
In order to show bona fide, the defendants and each of them are directed to deposit a sum of Rs. 45 lakh with the plaintiff by way of a bank draft or an account payee cheque duly certified by the banker on or before 19th August 2013. Such bank draft / cheque shall be drawn in favour of Kolkata Port Trust. The plaintiff shall accept the amounts without prejudice to its rights and 2 contentions in the suit. The final terms and conditions for settling the suit shall be considered on 21st August 2013 when the suit shall appear under the same heading "For Orders". In the event the bank drafts / cheques are not deposited, it shall be presumed that the defendants and/or the defaulting defendant are/is not interested to have the said suit settled and the suit shall proceed against the defendants or the defaulting defendant as the case may be.
Learned counsel for the parties requested this court to treat the matter as a part-heard matter. Since the suit was heard for some time and the parties have exchanged their views, the suit is treated as "heard in part".
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) S. Kumar A.R.(C.R.)