Silverline Investment Co Pvt Ltd & ANR v. Kolkata Municipal Corporation & ORS

OD-2 WPO 347 of 2016 with IA NO: GA 1 of 2020

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SILVERLINE INVESTMENT CO PVT LTD & ANR VS KOLKATA MUNICIPAL CORPORATION & ORS

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 18th February, 2021.

Appearance:

Mr. Abhrajit Mitra, Sr. Adv.

Mr. Sandip Kr. De, Adv.

Ms. Nilanjana Auddy, Adv.

Mr. Abhijit Sarkar, Adv.

...for petitioner.

Mr. Alak Kr. Ghosh, Adv.

Mr. Achintya Kr. Banerjee, Adv.

...for K..M.C.

The Court : The grievance of the petitioner is directed towards the outstanding taxes and penalty payable in respect of premises no. 15A Hemanta Basu Sarani, Kolkata-700001. By an order dated 10th February, 2021, I had recorded that the Kolkata Municipal Corporation being the respondent authority had filed a supplementary affidavit to bring on record the fact that a sum of Rs.

53,23,658.46/- paid by the Punjab & Sind Bank in respect of a portion of the said premises had been adjusted by the Corporation towards outstanding rates and taxes. It also appears from the affidavit filed by the Kolkata Municipal Corporation that the said amount of Rs. 53, 23,658.46/- had only been adjusted towards outstanding principal (wrongly recorded in the order dated 10th February, 2021 as interest). It is submitted on behalf of the Corporation that there are outstanding dues towards interest and penalty. Mr. Abhrajit Mitra, Senior Advocate appearing on behalf of the petitioner submits that in view of the prevalent waiver scheme promulgated by the Kolkata Municipal Corporation his clients have filed an application for waiver of interest and penalty.

In view of the submission made on behalf of the parties nothing survives in this petition WP No. 347 of 2016 is dismissed as withdrawn. Interim orders, if any, stand vacated.

(RAVI KRISHAN KAPUR, J.) SK.