Calcutta High CourtCS/131/2021disposed

Ashoke Singh v. Uco Bank

2022-12-05Hon'Ble Justice Arindam Mukherjee2 pages

ODC-20 ORDER SHEET IA NO. GA 2 OF 2021 IN CS 131 OF 2021

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE (COMMERCIAL DIVISION)

IN THE MATTER OF :

ASHOKE SINGH VS UCO BANK

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 5th December, 2022.

Appearance:

Mr. Debnath Ghosh, Adv.

Mr. Rohit Banerjee, Adv.

Ms. Sananda Ganguli, Adv.

For plaintiff Mr. Sailesh Mishra, Adv.

For defendant(UCO Bank) The Court : In this eviction suit, the defendant bank has already given an undertaking to quit, vacate and make over vacant and peaceful khas possession to the plaintiff being the landlord on expiry of 31st December, 2022.

The pending issue is the mesne profit, the municipal rates and taxes as per the agreement and the Goods and Services Tax(GST) amount payable by the defendant bank.

By consent of parties, the suit is decreed by treating the same to be in the day's list as follows:-

1) The defendant bank shall quit, vacate and make over vacant and peaceful khas possession of the said property as described

in the schedule of the plaint with the expiry of 31st December, 2022.

2) The defendant has proposed and the plaintiff has agreed to accept Rs.50 per sq.ft. per month computed on the area of the said property.

3) The defendant shall pay the said sum on account of mesne profit with effect from 1st June, 2021 till 31st December, 2022 less the amount which has already been paid. The payment has to be made by 21st December, 2022.

4) The defendant shall pay the Goods and Services Tax(GST) and defendant's share in the municipal rates and taxes on actual basis. The plaintiff shall supply the details of the GST and municipal rates and taxes with supportive documents by 8th December, 2022. In the event such particulars are provided to the defendant by 8th December, 2022, the defendant shall make payment of the same by 21st December, 2022. The suit is, accordingly, decreed and stands disposed of. All connected applications are also disposed of. (ARINDAM MUKHERJEE, J.) sb.