Sreejit Kumar Tagore vs Radha Kishen Bhatter & Ors
2023 Latest Caselaw 1419 Cal/2

                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                           ORIGINAL SIDE

Present:
The Hon'ble Justice Sugato Majumdar

                                 CS/229/2004
                    IA NO: GA/3/2005 (Old No: GA/204/2005)

                          SREEJIT KUMAR TAGORE
                                    VS
                       RADHA KISHEN BHATTER & ORS.


For the Plaintiff          :    Mr. Souvik Sen, Advocate,

                                Mr. Kaustav Chandra Das, Advocate,

                                Ms. Aditi Dutta, Advocate.




Hearing concluded on       :    14.06.2023

Judgment on                :    19.06.2023



Sugato Majumdar, J.:

      The suit was decreed in terms of order dated 20th March, 2015, in

terms of prayer "A" of the plaint. Plaintiff was held to be entitled to a decree

a sum of Rs.7,34,816/- from the Defendants jointly and severally. Plaintiff

was also held to be entitled to a decree of interests at a rate of 12% per

annum on and from 18th March, 2004 on the principle of sum of

Rs.7,34,816/- against the Defendants jointly and severally.       The Plaintiff
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was also held to be entitled to a decree of costs of Rs.1,50,000/- against the

Defendants jointly and severally.      In the selfsame judgment Mr. Kaushik

Choudhuri, Advocate, Bar Library Club was appointed as Special Referee to

inquire into the quantum of mesne-profit from the date of filing of the suit

till the receipt of possession by the Plaintiff.

      An application being GA No. 1576 of 2015 was filed at the instance of

Defendant No. 11 praying for recalling of the judgment dated 20th March,

2015. The said judgment was recalled, allowing the application, in terms of

the Order dated 23rd September, 2015.


      An appeal was preferred being APO No. 455 of 2015 against the Order

dated 23rd September, 2015. In terms of order dated 7th December, 2017

the Appellate Court set aside the Order dated 23rd September, 2015.


      The Special Referee submitted a report on 11th January, 2018 before

this Court. The Defendants 6 and 11 contested the matter. The liberties

were given to them to file an application for exception to the report of the

Special Referee by the Order dated 24th January, 2018. Subsequently, the

Defendant did not appear.


      On direction notice of hearing was sent to the Defendants No. 1 - 10

and affidavit of service is in the record.
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     The Report, as of now, of the Special Referee Mr. Kaushik Choudhuri

dated 23/07/2015 is unopposed. It is the conclusion of the report that


          a) The amount of Rs.20,13,59,648/- ought to be the

          amount of mesne-profit for the period of August 1, 2014 to

          April 31, 2015.


          b) Mesne-profit for the period beyond April, 2015 ought to

          be increased 10% every year till the receipt of the

          possession by the Plaintiff.


     Let a report accepted with following modifications that


        1.

The amount of mesne-profit, as mentioned in (a) above

should be from 01/08/2004 till 31/04/2015.

2. Interest rate mentioned in para (b) above shall be 6% per

annum.

3. The area of the suit property is 69,200 sq.ft. located at 13A

Prasanna Kumar Tagore Street, Kolkata - 700006 which is

one of the prime locations of Kolkata. The Special Referee

took into consideration various factors including market

value. Therefore, the quantum of mesne-profit be accepted

as Rs.20,13,59,648/-.

Page |4

The Defendant No. 1 - 10 shall be jointly and severally liable to pay

the aforesaid amount to the Plaintiff within a period of three months in

default the Plaintiff shall be at liberty to draw up the execution proceeding.

Let the final decree in respect of mesne-profit be drawn up. In case the

Defendants fail to pay the decretal amount within a period of three months

from the date of filing decree, the Plaintiff shall be at liberty to draw up the

execution proceeding.

The suit is disposed of.

(SUGATO MAJUMDAR, J.)