The Calcutta Stock Exchange Ltd vs Turner Morrison Limited
2021 Latest Caselaw 299 Cal/2

OD-4 & 6

                   IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE

                              CS 230 of 2003

                 THE CALCUTTA STOCK EXCHANGE LTD.
                              VERSUS
                      TURNER MORRISON LIMITED

                                     AND

                              CS 29 of 2004

                     TURNER MORRISON LIMITED
                             VERSUS
           THE CALCUTTA STOCK EXCHANGE ASSOCIATION LTD.


BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date: 16th March, 2021
                                                                 Appearance:
                                                Mr. Subhasish Sengupta, Adv.
                                                Mrs. Sulagna Mukherjee, Adv.
                                                 Mrs. Surabhi Banerjee, Adv.
                                                   Mr. Tirthankar Nandi, Adv.

                                                     Mr. Paritosh Sinha, Adv.
                                                    Ms. Shrayashee Das, Adv.
                                                       Mr. Jishnujit Roy, Adv.


       The Court: Since it is the admitted position of the parties that some

of the claims of the plaintiff in CS No.29 of 2004 have been satisfied, the

issues are required to be revised.   The plaintiff in CS No.29 of 2004 has

handed up revised suggested issued which are accepted by the defendant in

the said suit.

       On hearing learned counsel for the parities, the revised issues as

settled are:
         1.

What sum of money is due to the defendant on account of rent of

9395 sq. ft., 2000 sq.ft. and 5100 sq.ft. of 6, Lyons Range,

Kolkata from May, 2001 till the surrender of the tenancies?

2. Was the adjustment of the Security Deposit of Rs.2 crore by the

defendant against the rent due on account of 9395 sq.ft. and

5100 sq.ft. lawful or not?

3. What is amount of money due to the defendant post adjustment

of the Security Deposit of Rs.2 crore on account of rent of 9395

sq.ft., 2000 sq.ft. and 5100 sq.ft.?

4. Is the plaintiff liable for proportionate municipal taxes with regard

to the tenancies of 9395 sq.ft., 2000 sq.ft. and 5100 sq.ft.? If so,

to what extent?

5. Whether the defendant is entitled to interest upon judgment?

6. To what other reliefs the defendant is entitled to qua its counter

claim?

Learned counsel appearing for the plaintiff submits that certain

documents had been prepared for inspection which is due to be taken today.

Let inspection of such documents be completed. Judge's Brief of

Documents to be prepared within three weeks from date.

List this matter after four weeks.

The plaintiff in CS No.230 of 2003 will get its witness for examination-

in-chief on the returnable date.

(MOUSHUMI BHATTACHARYA, J.)

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