Calcutta High Court
Pannalal Sagarmal vs Central Bank Of India & Anr on 30 July, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.1897 of 2018
With
CS No.130 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
PANNALAL SAGARMAL
Versus
CENTRAL BANK OF INDIA & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 30th July, 2018.
Appearance:
Ms. Manju Agarwal, Adv.
Mr. B. Manot, Adv.
Mr. Gautam Chakraborty, Adv.
...for the Central Bank of India.
Mr. Biswajit Mukherjee, Adv.
Mr. Gopal Chandra Das, Adv.
...for the K.M.C. The Court : The dispute with the regard to the occupier's share of municipal rates and taxes till November, 2017 is to be assessed. It appears that pursuant to a demand made by the Kolkata Municipal Corporation towards the proportionate occupier's share in the premises in question, the bank contended that a sum of Rs.49,98,663/- is due and payable on account of commercial surcharge and accordingly, appears to have paid a sum of Rs.50 lakhs in terms of an order passed on 30th September, 2015. The Kolkata Municipal Corporation was also a party to the said proceeding.
Under such circumstances, the bank is directed to make a detailed representation to the Chief Manager, Revenue, North in respect of the demand raised against the bank towards commercial surcharge within two weeks from date and the Chief Manager, 2 Revenue, North, shall consider the said representation after giving a reasonable opportunity to the bank and dispose of the said representation within a period of three weeks thereafter. Since the plaintiff is the person primarily liable for the rates and taxes, a notice shall also be served upon the plaintiff and it would be open for the plaintiff to participate in the hearing.
The Central Bank of India shall hand over the keys to the Advocate-on-Record of the plaintiff on or before 1st August, 2018. The Corporation shall not take any coercive measures against the plaintiff till the adjourned date.
The matter stands adjourned for six weeks.
(SOUMEN SEN, J.) B.Pal