Calcutta High Court

Satvic Projects (P) Ltd vs Amita Dutt Mookherjee & Ors on 8 May, 2023

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


Present:

The Hon'ble Justice Krishna Rao



                          IA No: GA 2 of 2022

                            In CS 34 of 2017



                         Satvic Projects (P) Ltd.
                                 Versus
                     Amita Dutt Mookherjee & Ors.



           Mr. Jishnu Chowdhury, Sr. Adv.
           Mr. Varun Kothari, Adv.
           Mr. A. Agarwalla, Adv.
           Ms. P. Garain, Adv.
                                        ...for the Plaintiff/Petitioner.

           Mr. Pourush Bandyopadhyay, Adv.
           Ms. Avani Kumar Ray, Adv.
           Mr. Surajit Biswas, Adv.
                                       ..for the Defendant/Respondent

No. 4/Executor.

Mr. Prasanta Kumar Dutt, Adv.

Mr. Susanta Kumar Dutt, Adv.

Heard on               : 04.04.2023

Judgment on            : 08.05.2023



Krishna Rao, J.:

1. The petitioner has filed the present application for modification of the

order dated 30th August, 2017 relates to the Unit No. 4S/1 on the 4th

floor of the suit premises in terms of the agreement entered between

the parties.

2. The plaintiff has filed the suit for specific performance of the

registered agreement dated 29th August, 2012 in the following

manner:

"i. The defendants to accept possession of remaining parts/portions of the owner's allocation more fully detailed in Paragraph 21 (a) hereinabove.

ii. The defendants to execute conveyance deeds in respect of developer's allocation of and in premises No. 22A, Dr. U.N. Brahmachari Street, Kolkata - 700 016 as and when called upon to do so or alternatively, execute a Power of Attorney authorizing the plaintiff's nominee to do so. This Power of Attorney should contain terms similar to the Power of Attorney dated 23rd June, 2008 being Annexure "B" hereof.

iii. The defendants to execute and register conveyance deeds in respect of the allotments already made by late Asoke Krishna Dutta out of Owner's Allocation."

3. During the pendency of the suit, an interlocutory application being GA

802 of 2017 was filed praying for following reliefs :

"a) A fit and proper person/ persons be appointed as Receiver/ Special Officer and the Receiver/ Special Officers so appointed be directed to do the following :

i) Take over vacant and peaceful possession of the remaining portion of the owners' allocation as more fully described hereinbelow:

A) On 4th floor - 1075 Sq.ft. area bearing Unit No. RS/1.

B) On 6th floor - 4883 Sq.ft. area bearing Unit Nos. 6F and 6S.

C) 2 Nos. Multi level covered car parking space for 4 Nos. cars on the ground floor.

              D)     3 Nos. covered car parking space
                     on the ground floor.

              E)     1 No. car parking space in the multi-level

car parking system open to sky on the ground floor.

F) 4 Nos. car parking space in the basement.

              ii)    Execute on behalf of the owners,
                     conveyance      deeds       necessary       for

transferring the plaintiff's allocation in the said premises to the plaintiff's nominees/ buyers;

iii) Execute Conveyance Deeds for the buyers/allottees of Owner's allocation already sold/allotted by late Asoke Krishna Dutt.

iv) Make payment of their dues in respect of the said premises inter alia stated in paragraphs 17, 18 and 19.

v) File a report before this Hon'ble Court."

4. By an order dated 12th July, 2017, this Court passed the following

order in GA 8 of 2017 :

"The Court: The parties have agreed to the following order being passed in this proceeding.

The defendant no. 3 will continue to hold and enjoy the entire of the 8th floor and the 9th floor of premises No. 22A, Loudon Street, Kolkata-700 016 and eight Car parking spaces (including 4 in the Basement, 3 in Multi-level and 1 covered on the ground floor) subject to the outcome of the proceedings for Letters of

Administration being P.L.A. 26 of 2016 pending in the Learned City Civil Court initiated by the defendant nos. 1 and 2.

The defendant no. 3 shall pay maintenance charges and all outgoings including municipal rates and taxes, service tax maintenance deposit and generator charges in respect of the 8th and 9th floors and the aforesaid car parking spaces.

The plaintiff/developer shall forthwith hand over possession of the entire 6th and 7th floor of the premises and the eight car parking spaces (including 4 in the basement, 2 covered car parking on the ground floor and 2 car parking on 1 Multi-level Unit) to the defendants nos. 1 and 2 who shall pay maintenance charges and all outgoings including municipal rates and taxes, service tax, maintenance deposit and generator charges in respect of the said 6th and 7th floors and the eight car parking spaces. It is made clear that the maintenance charges shall be paid by the defendant nos. 1 and 2 on and from the date of receiving possession.

The defendant no. 3 shall not encumber or deal with the 8th and 9th floor flats and the eight nos. of car parking spaces until and unless the disputes as to the ownership are resolved by a competent Civil Court.

Mr. Anirudha Agarwalla, Advocate is appointed as Receiver/Special Officer to execute and register the Deed of Conveyances in respect of the Developer's Allocation on behalf of the owners and 1 (one) flat on the fourth floor including 1 car parking space (in the basement) jointly sold by the owners and the developer in equal share and 1 unit on the ground and the first floor each where tenants have been rehabilitated from the owner's allocation. However, copies of each of the proposed deed of conveyance to be executed in respect of Developer's allocation and/or of the owner's allocation as stated above should be sent at least one week before the proposed registration to M/s. Sanderson & Morgan's Advocates and Mr. Surajit Biswas, Advocate for their records. After the document is registered, a copy of the document would be furnished by the plaintiff to the defendant nos. 1, 2 and 3 for their records.

The rest of the disputes should be considered after three weeks.

The matter is adjourned for three weeks."

5. Subsequently, by an order dated 30th August, 2017, this Court has

disposed of GA 802 of 2017 by passing the following order :

"The Court : After much progress has been made in this matter and after hearing all the parties on 12th July, 2017 a consent order was passed. The matter was adjourned in order to enable the defendants to arrive at an agreement with regard to part of 4th Floor of the premises in question. The defendant no. 3 was represented all through out. There cannot be any doubt that the plaintiff has performed its obligation and the inter se dispute between the defendants no. 1 and 2 and the defendant no. 3 has remained unresolved. This application is disposed of by confirming the order passed on 12th July, 2017 with the rider that insofar as the portion of the 4th Floor is concerned that should remain in joint possession of the parties subject to any order that may be passed in the pending application for grant of letters of administration of the estate of the deceased.

GA No. 802 of 2017 stands disposed of. However, there shall be no order as to costs."

6. After the order passed by this Court dated 30th August, 2017, the

parties have further negotiated with respect of the 4th floor of the

concerned property and the plaintiff and the defendant nos. 1, 2 and 3

have reached an understanding on the following terms and conditions:

"(a) The defendants accept and admit the plaintiff's claim of Rs. 1,43,38,871/- and their obligation to make payment thereof to the plaintiff.

(b) The plaintiff in lieu of the sum of Rs.

1,43,38,871/- will receive the said Unit No.

4S/1 on the 4th floor of the suit premises, dealt with specifically in the order dated 30th August, 2017, which was a part of the Owner's allocation.

(c) The plaintiff would be entitled to the said Unit No. 4S/1 on the 4th floor of the suit premises and would not have any further claims against the defendants. Likewise, the defendants would not have any claims in respect of the said Unit No. 4S/1 on the 4th floor of the suit premises in any manner whatsoever.

(d) The defendants by themselves and/or through Mr. Anirudha Agarwalla, Advocate and Receiver/ Special Officer would execute any and all documents of transfer in respect of the said Unit No. 4S/1 on the 4th floor of the suit premises in favour of the plaintiff and/or its nominee or nominees as may be required by the plaintiff. The plaintiff will bear the incidental and necessary charges for transfer of the said Unit No. 4S/1 on the 4th floor of the suit premises.