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Calcutta High Court
M.Walter And Co. And Others vs Rajashi Developers Private Limited on 27 March, 2026
OD-25
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/1/2026
In
CS/2/2026
M.WALTER AND CO. AND OTHERS
Vs
RAJASHI DEVELOPERS PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
Date : 27TH MARCH, 2026.
Appearance:
Mr. Sarosij Dasgupta,Adv.
Ms. S. Das, Adv.
Mr. S. Das, Adv.
For the plaintiff
Mr. Vivek Basu, Adv.
Mr. Riju Ghoshal, Adv.
For the defendant
The Court : Affidavit-of-service filed by the Learned Advocate
representing the Applicant in GA/1/2026 be kept on record.
The Learned Advocate representing the Applicant submitted to have
obtained a decree from this Court dated 12 th August, 2008 in CS/297/2003
along with GA/92/2003. Subsequently, vide an Order dated 13 th July, 2012,
the Co-ordinate Bench of this Court observed as follows :
"The Court: This is an application for restraining the judgement-
debtor from leaving the country or from selling, alienating,
encumbering, dealing with or disposing of or creating any third party
interest in the premises Nos.59-A, 59-8, 59-C and 59-D, Park Street,
Kolkata-700016. This property admittedly forms part of the estate of
one Josephine Deiwty Mehra and various Litigations concerning the
Will of the deceased are going on. The judgement-debtor is the
executrix as well as beneficiary of the said will.
Since a decree has already been passed against the judgement -
debtor, let the aforesaid property not be alienated without leave of
this Court. There is an application for recalling the decree also filed
by the judgement-debtor being G.A.No.2147 of 2009. That matter
shall be taken up for hearing in due course.
2
This restraint order shall continue until further order of this Court.
Let affidavit-in-opposition in GA No.939 of 2012 be filed within three
weeks from date. Reply thereto, if any, be filed within one week
thereafter. Let the matter be listed after five weeks..
There shall be same direction for affidavits in GA No.3874 of 2008
and GA No.2147 of 2009 (EC No.57 of 2009)."
The Learned Advocate representing the Applicant referred to an
agreement dated 1st November, 2022 entered with the defendant company
wherein, inter alia, it has been stated as follows :
1.
"The Second Party has agreed to pay and the First Party has agreed
to accept a sum of Rs. 55,00,000/- (Rupees fifty five lakhs) in full
and final settlement of its decretal dues. receivable from the said
Gloria E. Mehra Walker under the said decree dated 12 August 2008
passed in the said C. S. No. 297 of 2003.
2. The settled amount of Rs. 55,00,000/- (Rupees fifty five lakhs) shall
be paid by the Second Party to the First Party in the following
manner:
(i) A sum of Rs. 5,00,000/- (Rupees five lacs) in part payment
of the aforesaid settled amount by Pay Order No. 117643
dated 29 Sept 2022 issued by Bandhan Bank,
Shakespeare Sarani Branch in favour of the First Party at
the time of execution of this Settlement Agreement receipt
whereof the First Party hereby admits and acknowledges.
(ii) the balance settled amount of Rs. 44,50,000/- (Rupees forty
four lakhs fifty thousand only) [after necessary deduction of
TDs as per Income Tax of Rs 5,50,000/-) the By Cheque
no.000428 dated 31st October, 2022 issued by Bandhan
Bank, Shakespeare Sarani Branch in favour of the First
Party upon the First Party withdrawing the said Execution
Case no. 57 of 2009 and on a formal Order being passed
recording abatement and settlement of all claims,
entitlement, dues, etc. of the First party.
To ensure due and timely payment of the said balance amount of Rs.
44,50,000/- to the First Party, the Second Party has deposited the
said Cheque with Mr. Vijay Singh Baid of 64B, Ballygunge Circular
Road Flat 7A, 7th Floor. Kolkata-700 019 who has agreed to hold
the same in escrow for the benefit of the First Party and has agreed
to make over the same to the First Party immediately upon
withdrawal of the said E. C. No. 57 of 2009. And on a formal Order
being passed recording abatement and settlement of all Claims,
entitlements, dues etc., of the First Party. To confirm his agreement
as aforesaid the Escrow holder has agreed to sign at the foot of this
agreement.
3. Immediately upon execution of the agreement, the First Party has
agreed to instruct its Advocate on record Mr. Nishant Kumar Saraf to
withdraw the said E. C. no. 57 of 2009 and a copy of the said
instructions shall be made over to the Second Party. The Second
Party has informed that the said Gloria E. Mehra Walker has died on
16 November 2019 and her estate is now represented by her
Executrices through Mr. Soumyajit Mishra Advocate having office at
Ground Floor (Backside Left), 11, Old Post Office Street, Kolkata 700
001. The Second Party shall ensure that at the time the said
Execution Case no. 57 of 2009 is listed, the Advocate representing
the estate of the said Gloria E Mehra Walker is present to facilitate
immediate withdrawal of the said Execution Case.
4. In the event of the validity of the said Cheque for Rs. 44,50,000/-
expiring due to delay resulting from court work or failure of timely
appearance of Advocate representing estate of the id Gloria E. Mehra
Walker, the Second Party agrees and undertakes to have the validity
of the said Cheque suitably extended."
Subsequent to such agreement, the Learned Advocate representing the
Applicant submits to have withdrawn the execution application vide an Order
dated 25th January, 2023. The instant suit had been filed with the following
prayers :
(a) "Decree for a sum of Rs.80,93,691/- only against the defendant as
pleaded in paragraph 20 hereof;
(b) Interest pendent lite and interest on judgment @ 18% per annum
form the date of filing of the instant suit and till the final realization;
(c) Receiver;
(d) Injunction;
(e) Attachment before judgment;
(f) Costs;
(g) Such further or other reliefs."
The Learned Advocate representing the Defendant company submitted
the decree as aforesaid to have been passed in connection with the parties not
involving the same. However, the agreement based on which the execution
proceeding was withdrawn by the Plaintiff in the instant suit states otherwise.
Based on the agreement as aforesaid the parties conjointly agreed that the
property in question will be dealt on the basis of the terms and conditions
enumerated therein. Apparently, the defendant company has violated the
terms and conditions in terms of non-payment of the agreed sum of money
against the sale of the property in question.
The Learned Advocate representing the Plaintiff further submits that the
defendant company pursuant to the settlement agreement had purchased the
property and became the owner presently in possession of the same.
The Learned Advocate representing the defendant company seeks time
to file affidavit-in-opposition to the instant applicant and the same is allowed.
Next date be fixed on 22nd April, 2026 for filing of the affidavit in
opposition.
The defendant company in view of the observations cited above is
restrained from dealing with the property in question in any manner
whatsoever in terms of alienation, transfer and/or creation of any third party
interest.
(ANANYA BANDYOPADHYAY, J.)
A Dey
