Raja Katra Private Limited vs Pranay Chand Mahatab
2021 Latest Caselaw 298 Cal/2

OD 5

                                     ORDER SHEET

                                   IA NO.GA/3/2021
                                          In
                                     CS/184/1989

                        IN THE HIGH COURT AT CALCUTTA
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                                 ORIGINAL SIDE


                            RAJA KATRA PRIVATE LIMITED
                                     VERSUS
                              PRANAY CHAND MAHATAB



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 16th March, 2021.

(Via Video Conference)

Appearance:

Mr. A.C. Kar, Sr. Adv.

Mr. Anirban Kar, Adv.

Mr. Pramit Kr. Shee, Adv.

Ms. Nibedita Mukherjee, Adv.

Mr. Dhruba Ghosh, Sr. Adv.

Mr. Chayan Gupta, Adv.

Mr. Anirudha Agarwalla, Adv.

Mr. Bhoopesh Sharma, Adv.

The Court: In a suit for specific performance, one of the substituted defendants

applies for discharge of the Receiver and for payment of the money that the Receiver is

collecting as well as a judgment on admission.

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

the lease has expired. The plaintiff, therefore, cannot obtain specific performance of the

agreement complained of as the period thereof expired by efflux of time. In such context,

he submits that, the Advocate Receiver who is collecting the rent needs to be discharged.

In any event, the money in the hands of the Receiver should be directed to be made over

to the rightful owner thereof. He relies upon AIR 1967 Supreme Court 341 (Basant

Singh vs. Janki Singh and Others) and submits that, a decree can be passed on the

basis of an admission contained in the plaint.

Learned senior advocate appearing for the plaintiff submits that, the defendants

are yet to file written statement. Although the present application is made on behalf of

the defendant no.6(x), such defendant is not claiming that the application is at the

behest of all the defendants. Moreover, the plaintiff does not object to the rent being

collected by the Advocate Receiver being handed over to the rightful owner.

In the facts of the present case, it would be appropriate to call upon the Advocate

Receiver to submit accounts of all amounts collected by the Receiver including the

interest accrual thereon as on date. Let such accounts be furnished on April 5, 2021.

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

waiving the service of the writ of summons. His client will file the written statement

along with counterclaim within April 5, 2021.

List the application on April 5, 2021 under the same heading.

(DEBANGSU BASAK, J.) B.Pal