Calcutta High Court
Casyab Private Limited vs Central Bank Of India & Anr on 4 August, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EC 543 of 2014
With
CS 115 of 2006
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
CASYAB PRIVATE LIMITED
Versus
CENTRAL BANK OF INDIA & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 4th August, 2015.
Mr.S.Banerjee, Adv.
Mr.S.Mukherjee, Adv.
Mr.Gautam Chakraborty, Adv.
The Court: The execution application has been filed for realisation of interest due to delayed payment of mesne profits in terms of the decree beyond 27th February, 2013.
In the judgement and decree dated 26th March, 2013 a decree was passed for mesne profits at the rate of 75/- inclusive of hiring charges for fixtures, furniture, municipal taxes and maintenance charges. The plaintiff under the decree was entitled to interest at the rate of 6 per cent per annum only on differential amount from 1st 2 November, 2005 till August, 2007 and January 2008 till 27th February, 2013 together with costs of Rs.10,000/- and service tax for the amount already deposited on 27th February, 2013. The defendant vacated the premises on May, 2009. The decree is quite clear that all claims towards mesne profits would be till 27th February, 2013 and I did not allow any further interest on the amount which the defendant would be required to pay towards the mesne profits. The decree does not provide for any such interest. As an executing Court I cannot go behind decree.
Under such circumstances, the defendant would not be required to pay any interest on the amount due and payable after 27th February, 2013, since the decree does not provide for that. Since all of the amounts have been paid this execution application accordingly stands disposed of by recording satisfaction of decree.
There shall be no order as to costs.
(SOUMEN SEN, J.) dg2