(Prabir Roy Chowdhury vs Uco Bank & Anr.)
2023 Latest Caselaw 2094 Cal

    9
29.03.2023
Ct. No. 32
   rrc
                               FAT 209 of 2018
                                      with
                             IA No. CAN 4 of 2021
                                     with
                             IA No. CAN 5 of 2022
                                     with
                             IA No. CAN 6 of 2023
                                      with
                             IA No. CAN 7 of 2023



                  (Prabir Roy Chowdhury Vs. UCO Bank & Anr.)




                Mr. Kallol Basu
                Mr. Dipak Dey
                Mr. Samik Sarkar
                                           .... For the appellant


                Mr. Santosh Kumar Ray
                Mr. Shashwat Nayak
                Ms. Antalina Guha
                                          ..... For the respondents

The present appeal is directed against the judgment

and decree dated 19th December, 2017 passed by the

learned Civil Judge (Senior Division), 9th Court, Alipore,

24 Parganas (South).

In connection with the appeal, an application being

CAN 6 of 2023 has been filed in which the parties have

exchanged their affidavits and taking leave from the

Court, the respondent bank has also filed a

supplementary affidavit and during the course of

hearing, Mr. Basu, learned advocate appearing for the

appellant as well as Mr. Ray, learned advocate appearing

for the respondent bank submit that disputes cropped

up between the parties hereto have been settled amicably

out of Court and in the affidavit-in-opposition filed in

connection with CAN 6 of 2023, the bank has averred on

oath that "the Respondent Bank do not wish to continue

in the said premises and ready and willing to shift the

Branch to any other places and/or merged with any other

nearest Branch."

The bank by filing a supplementary affidavit has also

averred as follows:-

'In view of the mutual discussion held with the

appellant it has been submitted before the Hon'ble

Court on 27th March, 2023, that the Bank has

mentioned in the affidavit in opposition that the

Bank is ready and willing to vacate the premises

and shall hand over peaceful and vacant

possession thereof to the appellant on or before 6

(six) months from date of passing of the Order by

this Hon'ble Court.

The Respondent states and submits that

within a period of six (6) months from the date of

Order passed by this Hon'ble Court the Bank will

vacate the subject premises and shall hand over

the same to the appellant herein. However, the

excess amount being a sum of Rs.5,29,158.40p/-

to be adjusted towards the occupational charges

and proportionate KMC Tax for the area occupied

by the Bank. The Appellant shall also hand over

the copy of KMC Tax receipts to the Bank for

official and record purpose.'

Such averments are treated an admission under

Order 12 Rule 6 of the Code and in view of such

submission and stand of the respective parties, the

appeal is disposed of on compromise on the following

terms and conditions :-

(a) The respondent bank shall deliver and

hand over the peaceful and vacant

possession of the suit premises on or

before 6 (six) months from this date;

(b) Excess amount being a sum of Rs.

5,29,158.40p/- to be adjusted towards

occupational charges and proportionate

municipal tax for the area occupied by

the bank;

(c) The appellant shall hand over the copy of

the Corporation tax receipt to the bank

for official and record purpose.

Mr. Basu submits that his client is present in Court

and on query, the appellant submits that he has

understood the meaning and purport of the terms and

conditions and the appellant has voluntarily agreed and

accepted such terms and conditions.

The department is directed to draw up decree as per

the terms and conditions stated hereinabove.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)