Mpmc Pvt. Ltd vs Canara Bank
2025 Latest Caselaw 3206 Cal/2

Calcutta High Court

Mpmc Pvt. Ltd vs Canara Bank on 27 November, 2025

OD-11
                               ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURSIDICTION
                               ORIGINAL SIDE

                                EC/287/2011
                        IA NO: GA/3/2023, GA/4/2024

                                MPMC PVT. LTD.
                                     VS
                                 CANARA BANK

  BEFORE:
  The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
  Date : 27TH November, 2025.
                                                                              Appearance:
                                                                 Ms. Farhan Ghaffar, Adv.
                                                                 Ms. S. Bhattacharya, Adv.
                                                                    Md. Zafar Jihani, Adv.
                                                                         For the petitioner

                                                                       Ms. A. Ghosh, Adv.
                                                                        Mr. S. Ghosh, Adv.
                                                                  For the judgment debtor

      The Court:- The dispute between the parties, lingering for a considerable

period of time has culminated into the liability on the part of the Kolkata

Municipal Corporation to disburse a sum of Rs. 67,50,000/- in favour of the

plaintiff/petitioner vide an order of the Division Bench of this Court dated 7 th

November, 2025.


      The aforesaid order, inter alia, stated as follows:


                "15. Be that as it may, since the appellant paid KMC authorities

                the municipal tax and surcharge in terms of the terms of

                settlement, we are of the view that, on the date when the order

                impugned was passed there was no liability on the part of the

                appellant to the respondent to be discharged and for the

executing Court to pass the order impugned. In our

understanding, clause 3 of the terms of settlement although foist

the liability of the municipal tax and surcharge on the appellant

before us, for the period from April 1, 2009 to March 31, 2010, it

does not provide that such payment is to be made by the

appellant to the respondent in the first place and that, the

respondent can claim reimbursement from the appellant.

16. Again, subsequent to the terms of settlement there is an order

passed by the writ Court dated June 30, 2022 in presence of

both 2025:CHC-OS:219-DB 6 the parties which permitted the

appellant before us to pay municipal tax and surcharge to KMC

authorities directly.

17. Appellant before us having paid the KMC the municipal tax

and surcharge, we are of the view that interest of justice would

be subserved by setting aside the order impugned and permitting

the respondent before us to seek reimbursement of the sum of

Rs.67,50,000/- from the KMC authorities.

18. APO/106/2024 along with all pending applications are

disposed of without any order as to costs.

19. Since we disposed of the appeal, the interim order requiring

the appellant to keep a sum of Rs.67,50,000/- in a fixed deposit,

stands vacated. Needless to say that the appellant is at liberty to

encash the fixed deposit."

The plaintiff/petitioners in view of the aforesaid directions in the order is

to seek disbursement of a sum of Rs. 67,50,000/- from the KMC authorities

placing before the same a copy of the order passed by the Hon'ble Division

Bench as well as a copy of the order passed by this Court within seven days of

passing of this order through an appropriate communication and the KMC

authorities are to comply with the same within four weeks from the date of

such communication.

EC/287/2011 along with the applications being GA/3/2023 and

GA/4/2024 are disposed of accordingly.

(ANANYA BANDYOPADHYAY, J.)

A Dey