Commercial Properties & Merchandise Ltd. v. The K.M.C.

OD-4 APO /442/2006 IA No.GA/1/2006 Old No. GA/3204/2006

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction Original Side COMMERCIAL PROPERTIES & MERCHANDISE LTD..

-VersusTHE KOLKATA MUNICIPAL CORPORATION AND ORS.

Appearance:

Mr. Sakya Sen, Advocate, Mr. Yashovardhan Kochar, Advocate Mr. Biswajit Mukherjee, Advocate, Mr. Bikash Shaw, Advocate For appellant.

Mr. Biswajit Mukherjee, Advocate, Mr. Gopal Chandra Das, Advocate for Kolkata Municipal Corporation. .

BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE The Hon'ble JUSTICE APURBA SINHA RAY Date: February 13, 2023.

THE COURT: Read order dated February 9, 2023. The Chief Manager (Revenue-North), Kolkata Municipal Corporation, has passed an order on February 4, 2023, after giving a hearing to the appellant. If the appellant is dissatisfied with such order,

it will be at liberty to challenge the same before the appropriate forum in accordance with law.

No useful purpose will be served by keeping this appeal pending, which accordingly stands disposed of along with GA-1 of 2006. A sum of money is lying deposited with the Standard Chartered Bank, Church Lane, in the name of the Special Officer, as per order of this Court. Since the appeal is being disposed of by this order, the said amount of money shall be made over to the appellant by the Special Officer after encashing the fixed deposit receipts, within a period of two weeks from date.

Upon handing over such money to the appellant, the Special Officer shall stand discharged.

All points that may be available to the appellant, in law, in any future proceeding, are left open.

(ARIJIT BANERJEE, J.) (APURBA SINHA RAY, J.) dg/