Calcutta High Court
Jasmine Commercials Ltd vs The Hongkong And Sanghai Banking ... on 12 June, 2017
Author: Soumen Sen
Bench: Soumen Sen
OD-53
ORDER SHEET
GA 1371 of 2017
With
CS 54 of 2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
JASMINE COMMERCIALS LTD.
Versus
THE HONGKONG AND SANGHAI BANKING CORPORATION LIMITED.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 12th June, 2017.
Appearance:
Ms.M.Chowdhary, Adv.
Mr.A.Bhalotia, Adv.
MMr.T.Saraf, Adv.
Mr.Dripto Majumdar, Adv.
The Court: During the pendency of this application the defendant bank in all fairness on reconciliation of account admitted a sum of Rs.4,27,57,385/- to be paid in full and final settlement of the claim of the plaintiff in the suit. The aforesaid sum represents the differential amount of property tax up to 30th June, 2017. The defendant bank appears to have issued a cheque no. 501056 dated 29th May, 2017.
In view of the aforesaid, there shall be a decree for a sum of Rs.4,27,57,385/-. The plaintiff do not have any other claim against the defendant bank. The plaintiff had agreed to accept the said sum of 2 Rs.4,27,57,385/- in full and final settlement of all its claim in the suit. Since the plaintiff had accepted the aforesaid sum, the defendant bank shall forthwith pay the aforesaid sum and in any event preferably by 30th June, 2017 failing which the said amount shall attract interest at the rate of 12 per cent per annum from the date of default until realisation.
GA No. 137 of 2017 stands disposed of. CS No. 54 of 2017 is decreed.
The department shall draw up the decree as expeditiously as possible. The proposed terms communicated to the plaintiff by email dated 7th June, 2017 is kept with the record. It is recorded that the plaintiff has accepted the said terms and agreed to accept Rs.4,27,57,385/- in full and final settlement of its claim.
By consent of the parties, the suit is treated as on the day's list and decreed for a sum of Rs.4,27,57,385/-. In the event the amount is paid, the plaintiff shall apply for satisfaction of decree.
(SOUMEN SEN, J.) dg2