Calcutta High Court
Turner Morrison Limited vs National Insurance Company Limited on 18 September, 2013
Author: Soumen Sen
Bench: Soumen Sen
CS No. 230 of 2008 IN THE HIGH COURT AT CALCUTTA OIRIDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE TURNER MORRISON LIMITED Versus NATIONAL INSURANCE COMPANY LIMITED, DIVISION-I B E F O R E:
The Hon'ble Justice Soumen Sen Dated, the 18th September, 2013.
Appearance:
Mr. J. Saha, Adv.
Ms. Ahana Sikder, Adv.
Mr. Ashis Kumar Mukherjee, Adv.
For the plaintiff.
Mr. Arindam Mukherjee, Adv.
Mr. S.Pal Chowdhury, Adv.
For the defendant.
The Court:- At the time of hearing of the suit it appeared to this Court that having regard to the nature of controversy and issues involved there was adequate scope for settlement of the disputes between the parties and accordingly the parties were directed to have discussions. This Court also had indicated guidelines on which the parties proceeded and ultimately could settle their disputes on terms as filed in Court today. 2
It is agreed by and between the parties that the above suit be disposed of in terms of the instant Terms of Settlement, and therefore -
a) On and from the date of termination of the tenancy by the notice dated 19th July, 2008 i.e. on and from 1st September, 2008 the defendant shall pay to the plaintiff rent in respect of the suit premises at the rate of Rs.35/- per sq. ft. plus municipal rates, taxes and other charges in terms of the provisions of the lease deed dated 7th May, 1984. Over and above this, the defendant shall pay to the plaintiff maintenance charges at the rate of 0.20p. per sq. ft. per month in respect of the area of the suit premises, i.e. 12125 sq. ft.
amounting to Rs.2,425/- per month. The defendant will accordingly pay to the plaintiff a sum of Rs.4,26,800/- per month plus municipal rates, taxes and other charges in terms of the lease dated 7th May, 1984. The defendant shall make such payment at the said rate for the period from 1st September, 2008 till 31st August, 2013. 3
b) As the defendant did not make payment of any corporation taxes, although obliged to do so in terms of the lease deed dated 7th May, 1984 the defendant shall pay a sum of Rs.25,48,860/- as corporation tax for the period between 1st September, 2008 till 31st August, 2013.
c) The outstanding rents and maintenance charges for the period from 1st September, 2008 till 31st August, 2013 amounting to Rs.1,61,00,303/- and the entire outstanding municipal tax of Rs.25,48,860/- totaling to Rs.1,86,49,163/- shall be paid by the defendant to the plaintiff within 31st October, 2013 and in the event the defendant failing to do so, it shall pay to the plaintiff interest at the rate of 15% per annum thereon and/or any part or portion thereof as may be outstanding after 31st October, 2013.
d) The plaintiff shall execute a new tenancy agreement with the defendant in respect of the suit premises for a period of five years commencing from 1st September, 2013 and ending on 31st August, 2018. During the period of new 4 tenancy, the defendant shall pay to the plaintiff rent in respect of the suit premises at the rate of Rs.70/- per sq. ft. per month, which shall include municipal rates and taxes and other charges namely water tax, maintenance charges. In view of the agreement as arrived at between the parties and it appears to this Court that such agreement is lawful the suit is disposed of on the aforesaid terms and shall be binding on the parties.
It would be open for the defendant to seek renewal of lease for a further period of three years and the plaintiff shall consider such request for renewal and lease may be extended on mutually agreed terms.
It is needless to mention that whatever payment the defendant had paid in the meantime shall be adjusted against the claims of the plaintiff.
The suit is decreed accordingly. Department is directed to draw up decree as expeditiously as possible.
(SOUMEN SEN, J.) snn.
A.R.(CR).