Sthapati Enterprises Pvt Ltd And ANR v. The Kolkata Municipal Corporation And ORS

OD-2

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APO/102/2023 WITH WPO 2576 OF 2022 IA NO:GA/1/2023 STHAPATI ENTERPRISES PVT. LTD. AND ORS.

VS THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE The Hon'ble JUSTICE APURBA SINHA RAY Date : July 26, 2023.

Appearance:

Mr. Indranil Roy, Advocate Mr. Subhrangsu Panda, Advocate Mr. Anindya Sundar Chatterjee, Advocate ....for Appellants Mr. Krishna Das Poddar, Advocate Mr. Subir Sabud, Advocate ..for Private Respondent Mr. Gurudas Mitra, Advocate Mr. Koyeli Bhattacharyya, Advocate ....for KMC.

THE COURT: It is submitted on behalf of the appellants and the private respondent that they have settled the disputes out of Court. The appellants shall pay a sum of Rs.14.50 lakhs to the private respondent (Rishikesh Paul) within a fortnight from date (August 9, 2023) by demand draft. Upon receipt of such demand draft by the private respondent, the

stop work notice issued by the Executive Engineer shall stand set aside. The appellants would be at liberty to complete the construction work at their premises.

Learned advocate for the private respondent says on instruction that the civil suit being TS No. 733 of 2020 that the private respondent has filed before the learned City Civil Court, shall be withdrawn by him within a fortnight from date.

Since the parties have settled the matter amicably, there would be no need for Mr. Puranjoy Konar, the empanelled Structural Engineer, who was appointed by the Registrar, Original Side to conduct inspection, to do the work. However, Mr. Konar is personally present in Court today. He has interacted with the parties and has fixed July 31, 2023, as the date for inspection. Since he has taken some trouble in the matter, the appellants shall pay to Mr. Konar a sum of Rs.10,000/- as his honorarium, within a week from date. Mr. Konar shall stand discharged upon receipt of such honorarium.

The appeal and the connected application, accordingly, stand disposed of.

(ARIJIT BANERJEE, J.) (APURBA SINHA RAY, J.) sm