Shivani Properties Private ... vs Rajeev Lochan
2022 Latest Caselaw 2931 Cal/2

OD 1

                                     ORDER SHEET

                                 IA GA 4 of 2022
                                 CS 223 of 2013
                        IN THE HIGH COURT AT CALCUTTA
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                                 ORIGINAL SIDE

                                   SHIVANI PROPERTIES PRIVATE LIMITED
                                               VS
                                       RAJEEV LOCHAN

  BEFORE:
  The Hon'ble JUSTICE RABINDRANATH SAMANTA
  Date: 6th December, 2022.
                                  Mrs. Arunima Lala Sengupta, Adv.
                                  Mr. Suman Majumder, Adv.
                                        ...for the petitioner
                                   Mr. Pratip Mukherjee,
                                   Ms. Tutul Das,
                                   Mr. Ranjit Singh, Advs.
                                         ...for the respondent

The Court: The plaintiff/petitioner by taking out this instant application seeks

incorporation of the mesne profits as particularised at paragraph 8 of the application in

the decree in terms of the order dated 11th August, 2022 passed by this Bench. Learned

counsel appearing for the plaintiff/petitioner submits that as instructed by the

department, the decree cannot be drawn up unless the particulars of mesne profits as

stated at paragraph 8 are incorporated therein.

However, learned counsel appearing for the defendant/respondent opposes the

prayer made by the plaintiff/petitioner.

What I find, this Bench vide order dated 11th August, 2022 directed that the

report of the Joint Special Referees dated 18th January, 2022 be made a part of the

judgment and decree dated 25th January, 2018. By the same order, the department was

directed to draw up and complete the decree accordingly.

I do not find from the record whether the decree has been drawn up or not in

compliance with the order dated 11th August, 2022.

I feel that for disposal of the application on hand a report should be called for

from the department as to whether any decree has been drawn up or not in compliance

with the order dated 11th August, 2022.

Accordingly, the department is directed to submit a report as to whether the

decree has been drawn up in terms of the order dated 11th August, 2022 by the

returnable date.

List this matter under the heading "Adjourned Motion" on 16th December, 2022 at

2 P.M.

(RABINDRANATH SAMANTA, J.)

TR/