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Calcutta High CourtAPOT/94/2024disposed

Director General Town Planning And ORS v. M/S Rana Chairs

2024-09-19Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Biswaroop Chowdhury2 pages

IA No: GA 1 of 2024 In APOT No. 94 of 2024 with EC No. 5 of 2017

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION DIRECTOR GENERAL (TOWN PLANNING) & ORS.

VERSUS

M/S. RANA CHAIRS Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 19th September, 2024.

Appearance:

Mr. Swapan Debnath, Advocate ...for the appellant Mr. Rupak Ghosh, Advocate Mr. Chanchal Kr. Dutta, Advocate Ms. Krishna Mullick, Advocate ...for the respondent The Court : On 16th July 2024, we disposed of the appeal partly referring only one question to the Registrar, High Court, Original Side. That question was: the amount of pendente lite interest payable taking the principal sum to be Rs.50,83,155/-. Under the decree, 18% simple interest was payable on the said sum.

The Registrar duly held the reference, considered the records and heard the parties. She made and filed a report dated 3rd July 2024 in this Court stating that the exact sum receivable by the decree-holder on 13th June 2024 was Rs.82,02,526.68.

On 9th July 2024, we received the report and gave an opportunity to the parties to file an exception to it by 22nd July 2024.

No exception has been filed.

Today, learned counsel for the appellant prays for time to file an exception. It goes without saying that the report is without any flaw. We have also perused the report and find that it has been painstakingly prepared and is correct on facts and in law.

Learned counsel for the appellant prays for further time to take exception to the report.

Considering the above factors, we are not inclined to grant such time. Hence, we affirm the report of the Registrar. This appeal (APOT/94/2024) is disposed of by a decree for Rs.82,02,526.68 together with simple interest @ 18% per annum from 13th June 2024 till realisation in favour of the respondent. The connected application (IA NO:GA/1/2024) is also disposed of. (I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) sm