Calcutta High Court
Rdg Interior Decoration Exterior ... vs Cricket Association Of Bengal on 24 July, 2009
Author: Patherya
Bench: Patherya
GA No. 1759 of 2009
With
CS No. 191 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RDG INTERIOR DECORATION EXTERIOR ARCHITECTURE PRIVATE LTD.
Versus
CRICKET ASSOCIATION OF BENGAL
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 24th July, 2009.
Mr. R. Banerjee, Adv.
Mr. Probal Mukherjee, Adv.
..... for petitioner.
Mr. R. Bachawat, Adv.
Mr. Amitesh Banerjee, Adv.
.........for respondent.
The Court :- In view of joint measurements annexed to the petition and accepted by the petitioner the order dated 9.7.2009 is vacated. Counsel for the petitioner submits that in view of the order vacated this day monies be kept apart earmarked to the said suit or in an escrow account.
Such prayer of the petitioner is disputed by counsel for the respondent who submits that the petitioner's claim in the suit is a money claim. In fact no sum is payable to the petitioner as sums far in excess of the quoted sum has been paid to the petitioner and sums are refundable to the respondent.
The fact of over payment and sums refundable are disputed by the counsel for the petitioner.
Having considered the submissions of the parties regarding keeping aside sums of monies this prayer cannot be allowed at this stage as the suit filed is for a money decree and 2 without a proper calculation being made of sums paid and outstandings no order can be passed at this stage directing sums to be kept apart.
Accordingly, directions are given for filing affidavit. Affidavit-in-opposition be filed within three weeks, affidavit-in-reply within three weeks thereafter.
Matter to appear in the list eight weeks hence.
All parties are to act on a xerox signed copy of this order on the usual undertakings.
(PATHERYA, J.) GH.