Primarc Srijan Projects Llp & Ors vs Howrah Mills Company Ltd
2023 Latest Caselaw 1230 Cal/2

OCD-1
                                ORDER SHEET

                              IA No. GA/5/2023
                               In CS/186/2018

                     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 : May 19, 2023.

Appearance:

Mr. Sabyasachi Chowdhury, Adv.

Mr. Shaunak Mukhopadhyay, Adv.

Mr. Saubhik Chowdhury, Adv.

Mr. Tirthankar Das, Adv.

... for the plaintiffs

Mr. Abhrajit Mitra, Sr. Adv.

Mr. Sarvapriya Mukherjee, Adv.

Mr. Sumanta Biswas, Adv.

Mr. Yashvardhan Kochar, Adv.

Mr. Jit Ray, Adv.

Mr. Bikash Shaw, Adv.

...for the defendant

The Court: Counsel for the respective parties are present.

Plaintiffs have filed the present application being GA/5/2023

praying for modification / clarification of some of the portions in the judgment

dated 29th March, 2023 at page 10 paragraph 5, page 12 paragraph 1 and

page 15 paragraph 2.

Counsel for the plaintiffs submits that it is not the case of the

parties that the possession was handed over to the plaintiffs and, accordingly,

the portions regarding possession was handed over for the development to the

plaintiff is to be deleted. Accordingly, in paragraph 5 of page 10, the words

"and fifty percent of the project area was handed over for development" is to

be deleted. Simultaneously, the first line of first paragraph at page 12, "It is

not in dispute that possession of 50% of the property has been delivered in

favour of the plaintiff and the plaintiff is exercising some work over the said

portion." is to be deleted and in the second paragraph of page 15 the words

"wherein possession of some portion of land is handed over" is to be deleted.

Accordingly, paragraph 5 at page 10 be read as:

"Indisputably, an instrument was executed. By a reason of such an

instrument, an amount of Rs.7 crore was paid."

Paragraph 1 of page 12 shall be read as:

"Although the same was not registered, but registration of the

document has got nothing to do with the validity hereof as provided for under

the provisions of Registration Act, 1908."

Paragraph 3 of page 15 shall be read as:

"In the present case, the agreement entered between the parties is a

development agreement of the land and Rs.7 crore was paid. The submission

of Mr. Chowdhury that as per this agreement, final agreement is required to

be executed and at the time of final agreement, only stamp duty is required to

be paid. In the case reported in AIR 1968 SC 1028 (Kollipara Sriramulu

(Dead) by his legal heirs -vs- T. Aswatha Narayana (Dead) by his legal

representatives), the Hon'ble Supreme Court held that :"

Let these corrections be incorporated in the judgment dated 29th

March, 2023.

GA/5/2023 is disposed of.

(KRISHNA RAO, J.) RS