Calcutta High Court
The Calcutta Land Trust Pvt Ltd vs The Trust House Office Occupiers ... on 27 July, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD 49
GA 1980 of 2016
CS 112 of 2016
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
THE CALCUTTA LAND TRUST PVT LTD
Versus
THE TRUST HOUSE OFFICE OCCUPIERS WELFARE ASSOCIATION & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 27th July, 2016.
Mr. Surajit Nath Mitra,Sr. Advocate appears.
Mr. Raja Basu Choudhury,Advocate appears.
Mr. Soumabha Ghosh,Advocate appears.
Mr. Arup Nath Bhattacharyya,Advocate appears.
Ms. Sayani Das,Advocate appears.
Mr. Hemanta Kr. Das,Advocate appears.
Mr. Rajarshi Dutta,Advocate appears.
Mr. Sourjya Roy,Advocate appears.
Mr. Anubhav Sinha,Advocate appears.
Mr. Sarosij Dasgupta,Advocate appears.
Mr. Soumyajit Mishra,Advocate appears.
The Court : - The suit pertains to a property on Central Avenue. The overhead tank has collapsed and it is also possible that some structural defects may have been caused by the collapse of the tank or otherwise. 2
The plaintiff, whether by itself or through tenants under the plaintiff, is in occupation of about 40 per cent of the floorspace available. The other occupants appear to be the developers' nominees, though a few of them may not be members of the first defendant association.
It is necessary that an appropriate empanelled and licensed engineer be appointed for the purpose of assessing the damage caused to the building and suggesting the remedial measures necessary.
Mr. Debnath Ghosh, Advocate is appointed receiver for the purpose of overseeing the repair work. The plaintiff will put in a sum of Rs. 4 lakh with the receiver within a week from date and the first defendant association will put in a sum of Rs. 6 lakh with the receiver within the same time for the initial expenses to be borne by the receiver therefrom.
Mr. Amrit Mukhopadhyay of 1, Ballygunge Place, Kolkata - 700019, and failing him, Mr. Asish Mukherjee of 125, Vivekananda Road, Kolkata - 700006 is appointed for the purpose of assessing the damage to the building and the tank and suggesting measures to repair the building and reconstruct the overhead tank.
The receiver will decide on the appropriate remuneration of the engineer appointed by this order in consultation with such engineer and impress on the engineer to file an initial report and cost estimates within fifteen days from the engineer being intimated of this order.
It is recorded that the names of the engineers have been suggested by the plaintiff and the first defendant.
3
In the event the reasonable estimate for the repair work exceeds the amount available with the receiver, the repair work will not be commenced without the total amount necessary therefor being received by the receiver in the share of 40 per cent by the plaintiff and 60 per cent by the first defendant association. However, the receiver will use his best judgment to make the payments.
The receiver will be paid an initial remuneration of Rs. 1 lakh to be shared by the plaintiff and the first defendant association in the same ratio of 40:60.
Affidavits-in-opposition be filed within a fortnight from date; reply thereto, if any, within a week thereafter. The matter will appear as an "adjourned motion"
in the monthly list of September, 2016.
(SANJIB BANERJEE, J.) S.Chandra