Calcutta High Court (Appellete Side)
Shiv Kumar Kanoi & Anr vs The Central Bank Of India & Anr on 11 March, 2016
1 March 11, 2016.
R.C. W.P. 27365 (W) OF 2015 Shiv Kumar Kanoi & Anr.
Vs. The Central Bank of India & Anr.
=-=-= Mr.Kousik Choudhury Ms.Dipika Banu, ...for Petitioner Mr. Gautam Chakraborty, ...for Central Bank of India The petitioner seeks a direction on the bank for payment of Municipal rates and taxes as well commercial surcharge.
According to the petitioner, the bank has admitted by a writing dated October 17, 2012 that they are liable to pay the Municipal taxes as well as commercial surcharge. In fact, the figures have been calculated and admitted by the bank. In such circumstances, according to the petitioner there is no dispute as to the quantum payable. The bank has not paid such quantum as directed to pay the same.
During the pendency of the writ petition, the bank has paid a sum of Rs.3, 71,000/-. The bank wants details of the payments made by the petitioner to the Corporation authorities.
In course of hearing, I had enquired of the learned advocate appearing for the petitioner as to disclosure of any document evidencing payment of the Municipal rates and taxes as well as commercial surcharge by the petitioner to the Corporation authorities being made or not. The learned 2 advocate is unable to draw the attention of the Court to any such document.
In such circumstances, I am unable to grant relief to the petitioner. The fact that the petitioner has failed to establish that it has paid Municipal rates and taxes as well commercial surcharge to be reimbursed by the bank. The agreement at the office memorandum dated October 17, 2012 means that the bank would reimburse the petitioner in the event the petitioner paythe Municipal rates and taxes as well as commercial surcharge. In the present case, the petitioner has failed to establish such fact. The petitioner cannot be allowed to receive payment from the bank on account of rates and taxes as well as commercial surcharge when the petitioner has not paid the same to the Municipal authorities.
W.P. 27365 (W) OF 2015 is disposed without any order as to costs.
Urgent photostat certified copy of this order be given to the parties on priority basis after compliance of all formalities as to costs.
(DEBANGSU BASAK-J)