Calcutta High Court
The Board Of Trustees For The Port vs Ghatal Steam Navigation Co. Ltd. & Anr on 26 September, 2013
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
CS No.422 of 1980
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
THE BOARD OF TRUSTEES FOR THE PORT, CALCUTTA
Versus
GHATAL STEAM NAVIGATION CO. LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 26th September, 2013.
Appearance:
Mr. Dhruba Ghosh, Adv.
. . .for the plaintiff.
Mr. Pramit Roy, Adv.
Mr. Arindam Mukhejee, Adv.
. . .for the defendant no.1.
Mr. Ashok Banerjee, Sr. Adv.
Mr. Amitava Deb, Adv.
. . .for the defendant no.2.
The Court: On the basis of the submission made on behalf of the defendant no.2 it was recorded in the order dated 18th September, 2013 that Mr. Sailya Dhar an Advocate, was appointed as Special Officer and he was directed to hand over the funds lying to the credit of the plaintiff towards rent and/or occupation charges to Mr. Dipak Ranjan Mukherjee the present Advocate-on-Record of the plaintiff. The matter is mentioned today on behalf of the plaintiff when it was pointed out that such occupation charges was deposited with the Advocate of the plaintiff M/s. Fox & Mandal and Mr. Sailya Dhar was not appointed as Special Officer. In view thereof, a direction is given upon M/s. Fox & Mandal to hand 2 over the funds lying to the credit of the plaintiff in favour of "Kolkata Port Trust"
within a week from the date of communication of this order by an account payee cheque drawn in favour of "Kolkata Port Trust". M/s. Fox & Mandal is also directed to furnish an accounts of the rents and/or occupation charges received by them on behalf of the plaintiff to the present Advocate on Record of the plaintiff. It is needless to mention that the adjustment of such payments as mentioned in the order dated 18th September, 2013 shall be complied with by the plaintiff and thereafter furnish proper accounts to the parties upon such adjustments.
The order dated 18th September, 2013 stands modified to the aforesaid extent.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) sp/