Shivani Properties Private ... vs Rajeev Lochan
2022 Latest Caselaw 3088 Cal/2

OD-1
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE


                               IA NO. GA/4/2022
                                In CS/223/2013
                     SHIVANI PROPERTIES PRIVATE LIMITED
                                       Vs
                                RAJEEV LOCHAN

  BEFORE:
  The Hon'ble JUSTICE RABINDRANATH SAMANTA
  Date : 16th December, 2022.

                                                                           Appearance:

                                                     Mrs. Arunima Lala Sengupta, Adv.
                                                            Mr. Suman Majumder, Adv.
                                                            ..for the plaintiff/petitioner

                                                              Mr. Pratip Mukherjee, Adv.
                                                                     Ms. Tutul Das, Adv.
                                                                   Mr. Ranjit Singh, Adv.
                                                           Mr. Amit Sarkar Bagchi, Adv.
                                                         Mr. Suman Chakrabarty, Adv.
                                                        ..for the respondent/defendant

The Court: The report as called for by order dated 6th December, 2022

passed by this Bench, is filed today by the Master and Official Referee, Original

Side, High Court, Calcutta as per the direction of the learned Registrar, Original

Side.

I have perused the report.

Learned counsel appearing for the plaintiff/petitioner submits that this

Bench by an order dated 11th August, 2022, directed that the report of the Joint

Special Referees dated 18th January, 2021 be made a part of the Judgment and

Decree dated 25th January, 2018.

Learned counsel appearing for the plaintiff/petitioner submits that the

order dated 11th August, 2022 be modified by incorporating therein the portion

of the mesne profits as mentioned in the report of the Joint Special Referees.

I have heard the learned counsel appearing for the respondent

/defendant.

The order dated 11th August, 2022 passed by this Bench shows that the

report of the Joint Special Referees dated 18th January, 2021 be made a part of

the decree. However, the report of the Joint Special Referees is with regard to

the mesne profits to be paid by the defendant /respondent to the plaintiff

/petitioner.

What I find the substance of the report of the Joint Special Referees

pertains to the mesne profits to be paid by the defendant /respondent.

In view of the above, if the portion of the report highlighting the mesne

profits is included in the decree, in that event, the decree will be more clarified

in order to get it executed.

Accordingly, the application is allowed.

Let the order dated 11th August, 2022 be modified by incorporating

therein the mesne profits as delineated at paragraphs 12 and 13 of the report of

the Joint Special Referees and making it a part of the decree. However, the

remaining part of the order shall remain unaltered. Draw up the decree

accordingly.

Thus, the application stands disposed of.

No order as to costs.

(RABINDRANATH SAMANTA, J.)

D.Ghosh