Raja Katra Private Ltd vs Pranay Chand Mahtab
2021 Latest Caselaw 372 Cal/2

ORDER SHEET
                                                                              OD-4

                              IA NO. GA/3/2021
                               IN CS/184/1989
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE


                            RAJA KATRA PRIVATE LTD.
                                    VERSUS
                             PRANAY CHAND MAHTAB



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 9th April, 2021.

(Via Video Conference)

Appearance:

Mr. Dhruba Ghosh, Sr. Adv.

Mr. Chayan Gupta, Adv.

Mr. Aniruddha Agarwalla, Adv.

Mr. A.C. Kar, Adv.

Mr. Anirban Kar, Adv.

The Court: In a suit for specific performance, the defendant no.6(x) applies

for discharge of the Receiver and a decree on the basis of judgment on admission.

Learned advocate appearing for the defendant no.6(x) submits that, the

plaintiff filed the instant suit on the basis of a deed of lease dated March 14,

1938. Today, the term of the lease stands expired even by the extended

interpretation as sought to be given by the plaintiff. Therefore, the plaintiff

cannot remain in possession of the suit property any longer. The plaintiff failed

to obtain the decree as prayed for. The defendant filed a written statement along

with counter claim seeking eviction of the plaintiff from the suit property.

Learned advocate appearing for the defendant no.6(x) submits that, a

Receiver was appointed for the purpose of collecting the occupation charges. The

Receiver is in funds with regard thereto. He submits that, since the plaintiff can

no longer seek any relief as sought for in the plaint by reason of the efflux of

time, the learned Receiver be directed to make over the funds lying with him.

The Receiver be also discharged.

Learned senior advocate appearing for the plaintiff submits that the

plaintiff did not receive the written statement containing the counter claim of the

defendants. He seeks time to consider the same upon receipt of a copy thereof.

Learned advocate appearing for the defendant no.6(x) makes over a copy of

the written statement containing the counter claim of the defendants to the

learned advocate for the plaintiff in Court.

Prima facie, it appears that the time period of the lease expired during the

pendency of the suit even going by the interpretation of the deed of lease as

sought to be canvassed on behalf of the plaintiff. The Receiver was appointed by

the Court. The Receiver is in possession of an amount to the credit of the suit.

The report of the Receiver demonstrate that a sum of Rs.18,64,713/- is lying with

him as on April 5, 2021.

The learned Receiver will make over such sum along with any other

accruals thereon to the learned advocate on record for the defendant no.6(x)

within seven days from date. The payment by the Receiver to the learned

advocate on record for the defendant no.6(x) will be construed as payment made

to all the landlords of the immovable property concerned. The Advocate on

Record for the defendant No. 6(x) will disburse the amount so received from the

receiver to the landlords in accordance with the sharer that the landlord are

entitled to. The disbursement be made within 7 days from the date of receipt of

the funds from the Receiver.

List the application on May 4, 2021 under the same heading.

(DEBANGSU BASAK, J.)

sp/