Calcutta High Court
Urmila Agarwal vs Pawan Properties & Ors on 22 May, 2024
Author: I. P. Mukerji
Bench: I. P. Mukerji
IA No: GA 1 of 2023
APO No. 15 of 2024
with
CS No. 84 of 2023
IN THE HIGH COURT AT CALCUTTA
In appeal from its
ORDINARY ORIGINAL CIVIL JURISDICTION
CIVIL APPELLATE JURISDICTION
Urmila Agarwal
Versus
Pawan Properties & Ors.
Before:
The Hon'ble Justice I. P. MUKERJI
And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 22nd May 2024
Appearance:
Mr. Abhrajit Mitra, Sr. Advocate
Mr. Rajarshi Dutta, Advocate
Mr. Debargha Basu, Advocate
Mr. V.V.V. Sastry, Advocate
for the appellant
Mr. Jishnu Saha, Sr. Advocate
Mr. Soumya Ray Chowdhury, Advocate
Mr. Sanjay Ginodia, Advoate
Mr. Manoj Kr. Tiwari, Advocate
Ms. Susrea Mitra, Advocate
Mr. bhavesh Garodia, Advocate
for the respondent
The Court: List this appeal and the application on 19th June
2024.
Considering the submissions made by learned counsel for the
parties, we appoint Mr. Meghnad Datta, Advocate and member of the
Bar Library Club (Mobile No. 9830175672) and Mr. Satyaki Mitra,
Advocate, 6, Old Post Office Street, Kolkata - 700001 (Mobile No.
9163033017) as Joint Special Officers at an initial remuneration of
1500 GMs each to be shared equally by the parties to visit the subject
property in the presence of the parties and identify the commercial
portion thereof. After such identification they will also identify the
number, description and their location in terms of floors of flats
measuring about 1050 sq.ft. which are vacant.
They will ascertain from the respondents which out of the said
vacant flats they are prepared to offer to the appellant in terms of the
impugned judgment and order of this court dated 18th September
2024. To this proposal, the appellant will either indicate her
acceptance or refusal which is to be recorded by the Joint Special
Officers. In case of refusal, the grounds of such refusal must also be
indicated.
There is confusion with regard to the interpretation of the
order dated 18th September 2023, specially the following part.
"In the aforesaid facts and circumstances,
without going into the issue at this stage as to
whether the promise made by the defendant no.1 was
to allow 1050 sq.ft. super built up area approximately
with car parking space in a fully commercial building
or in a building having partly commercial and partly
residential use, I injunct the defendant no.1, its men,
servants, agents and/or assigns from alienating,
encumbering, dealing with or disposing of or create
any third party interest in respect of an office space
measuring about 1050 sq.ft. super built up area and
a car parking space at the ground floor of the
proposed building at 46, Shakespeare Sarani, Kolkata
- 700 017. Once the construction of the commercial
portion commences, the defendant no. 1 shall also in
writing indicate to the plaintiff the exact location of
1050 sq.ft. super built up area and the car parking
space to be allotted to the plaintiff and shall before
handing over possession of any portion in the
commercial portion shall hand over the plaintiff's
allocation with the car parking space."
At least on reading of the last sentence we understand that the
other portions can only be dealt with by the respondents upon handing
over possession of a flat to the appellant either to the appellant's
acceptance or under directions of the court.
The Joint Special Officers shall file a report in this court by
18th June 2024 circulating copies thereof to the parties.
All interim orders which are now operating in the appeal will
continue.
(I. P. MUKERJI, J.)
(BISWAROOP CHOWDHURY, J.)
R. Bose
