Primarc Srijan Projects Llp & Ors vs Howrah Mills Company Ltd
2023 Latest Caselaw 3383 Cal/2

Calcutta High Court

Primarc Srijan Projects Llp & Ors vs Howrah Mills Company Ltd on 11 December, 2023

OCD-1
                                ORDER SHEET

                              CS/186/2018
    IA No. GA/1/2018 (Old No. GA/2464/2018), GA/4/2023, GA/6/2023

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

                            [Commercial Division]

                  PRIMARC SRIJAN PROJECTS LLP & ORS.
                                 -VS-
                      HOWRAH MILLS COMPANY LTD.

  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date : December 11, 2023.

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.

Mr. Saubhik Chowdhury, Adv.

Mr. Shounak Mukhopadhyay, Adv.

Mr. Tirthankar Das, Adv.

...for the plaintiffs

Mr. Abhrajit Mitra, Sr. Adv.

Mr. Sarvapriya Mukherjee, Adv.

Mr. Satadeep Bhattacharyya, Adv.

Mr. Yashvardhan Kochar, Adv.

Mr. Bikash Shaw, Adv.

..for the defendant.

The Court: The matter is listed today as 'To Be Mentioned' on the

prayer made by the counsel for the plaintiffs.

Mr. Ratnanko Banerjee, learned Senior Advocate, is appearing for

the plaintiffs and Mr. Abhrajit Mitra, learned Senior Advocate, is appearing for

the defendant.

This Court by a judgment dated 22nd September, 2023 has

dismissed GA/7/2023 filed by the defendant. Being aggrieved with the

judgment dated 22nd September, 2023, the defendant had preferred an appeal

being APOT/387/2023 with IA No. GA/1/2023. The appeal preferred by the

defendant was disposed of by the Hon'ble Division Bench wherein the Hon'ble

Division Bench has set aside the order dated 22nd September, 2023 and

remanded the matter back to this Court to decide de novo on the basis of the

observation made by the Appellate Court vide an order dated 17th November,

2023.

After the order passed by the Appellate Court, counsel for the

plaintiffs submits that the plaintiffs do not want to go to any controversy

whether the document is required to be stamped or not and the plaintiffs

voluntary intend to send the document for properly stamp.

In view of the submission made by the counsel for the plaintiffs, the

minutes of the meeting dated 9th May, 2017 is referred to the Collector for

valuation as provided under the Indian Stamp Act.

The Collector is directed to properly stamp after valuation and sent

the document back to the Court within two weeks from the date of receipt of

the document.

Let the matter appear on 9th January, 2024 under the heading 'For

Orders'.

(KRISHNA RAO, J.)

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