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Calcutta High CourtFMA/951/2019disposed

Kajal Bhowal v. Biplab Bhowal & ORS

2022-02-24Hon'Ble Justice Soumen Sen,Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

24.02.2022 SL No.2 Court No.8 (gc) FMA 951 of 2019 With CAN 1 of 2019 (Old No: CAN 3536 of 2019) Kajal Bhowal Vs.

Biplab Bhowal & Ors.

(Via Video Conference) Mr. Sarbesh Pal, Mr. SK Aptabuddin, ...for the Appellant.

Mr. Rajib Mullick, ...for the Respondent Nos.2 to 4.

By consent of the parties, the appeal and the application are treated as on the day's list and disposed of by this common order.

The disputes between the parties have summarized in the order dated 9th August, 2019. The learned Counsel for the parties have submitted that Mr. Ashique Mondal, Advocate was appointed as Receiver for the purpose of overseeing the repair-works at the ground floor of the premises of 65, Southend Park and the repairing works required to be done was completed under his supervision. Following the directions passed in the aforesaid order. In view of the fact that the order dated 9th August, 2019 has been fully carried out, there nothing remains in the appeal. Accordingly, Mr. Ashique Mondal, Advocate is discharged upon payment of further remuneration of Rs.30,000/- which was deducted from the amounts in the

same proportion as was indicated in the order dated 9th August, 2019, that is to say, 1/3rd each and return the balance amount to the parties in the same proportion within two weeks from date.

The impugned order is set aside.

Accordingly the appeal being FMA 951 of 2019 and the application being CAN 1 of 2019 (Old No: CAN 3536 of 2019) stand disposed of.

However, there shall no order as to costs.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)