The Calcutta Stock Exchange Ltd vs Turner Morrison Limited
2021 Latest Caselaw 311 Cal/2

OD-2 & 3
                                   ORDER SHEET

                         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


                                  CS 29 of 2004
                     IA No. GA/1/2004 (Old No.GA/1813/2004)
                     IA No.GA/5/2019 (Old No.GA/2254/2019)

                        TURNER MORRISON LTD.
                                Versus
             THE CALCUTTA STOCK EXCHANGE ASSOCIATION LTD.


BEFORE :
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 19th March, 2021.

[Via video conference]

                                                                           Appearance:
                                                            Ms. Sulagna Mukherjee, Adv.
                                                             Mr. Shiram Bhimsaria, Adv.



           The Court : Learned counsel appearing for the plaintiff in CS No. 29 of

2004 submits that in the order dated 16th March, 2021, the issues suggested by

parties have been missed out. Counsel hands up a copy of the said issues.

           When this matter was mentioned yesterday, the defendant was

represented and did not have any objection to the contention of the plaintiff.

Hence, the issues framed in CS No. 29 of 2004 are settled as follows:
                                              2

                1.

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

of the suit property?

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

the plaintiff against the rent due on account of suit property

lawful or not?

3. What is amount of money due to the plaintiff on account of

rent of the suit property after adjustment of the Security

Deposit of Rs. 2 crore?

4. Is the plaintiff entitled to mesne profits and if yes, to what

extent?

5. Is the plaintiff entitled to the tax deducted at source (TDS) by

the defendant at the time of paying the rent to the plaintiff?

6. Is the plaintiff liable for proportionate municipal taxes with

the suit property? If so, to what extent?

7. Is the plaintiff entitled to interest upon judgment? If so, to

what extent?

8. What other reliefs, if any, is the plaintiff entitled to?

The directions contained in the order dated 16th March, 2021

pertaining to inspection etc. will remain.

Let this order be made part of the order dated 16th March, 2021.

(MOUSHUMI BHATTACHARYA, J.)

RS