The Vesco Products Company v. Ramesh Shaw

ORDER SHEET OCD-5

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE CS-COM 558 OF 2024 (OLD CASE NO. CS 222 OF 2023) IA NO. GA 1 OF 2023

IN THE MATTER OF :

THE VESCO PRODUCTS COMPANY VS RAMESH SHAW

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 1st March, 2024.

Appearance:

Mr. Satyaki Mukherjee, Adv.

Mr. Aasish Choudhury, Adv.

Mr. Tanishq pathak, Adv.

For plaintiff Mr. Suvashish Sen Gupta, Adv.

Mr. R. Tiwari, Adv.

Miss Shrey Basu For defendant The Court :- The learned advocate for the plaintiff has taken instruction from his client in terms of the order 28th February, 2024. It is submitted by the learned advocate for the plaintiff that the plaintiff is willing to accept Rs. 50,000/- on account of court fees and if possible some legal expenses may be awarded which is left over to the Court. Although on the last occasion I had indicated that Rs.50,000/- towards court fees is a reasonable offer from the side of the defendant, however, considering the prayer for legal expenses, I direct payment of an

additional sum of Rs. 10,000/- over and above the said sum of Rs.50,000/-.

The parties have settled the disputes which is the subject matter of suit pursuant to which the defendant has filed an undertaking affirmed on 14th December, 2023. The terms whereof has been accepted by the plaintiff.

The suit being CS-COM 558 of 2024 (Old Case No. CS 222 of 2023) is decreed in terms of the undertaking filed by the defendant making the terms thereof as part of the decree. The defendant in addition to the undertaking given in the affidavit dated 14th December, 2023 shall pay an aggregate sum of Rs. 60,000/- on account of court fees paid by the plaintiff for instituting the suit and Rs.10,000/- on account of legal expenses said to be incurred by the plaintiff. The cost awarded shall also form part of the decree.

The payment of cost as directed by this order should be made within two weeks from date, failing which the plaintiff shall be entitled to put the decree into execution for realization of the cost. The suit being CS-COM 558 of 2024 (Old Case No. CS 222 of 2023) is accordingly disposed of along with all pending applications. Interim order, if any, stands vacated.

The Receiver/Special Officer, if any, stands discharged. (ARINDAM MUKHERJEE, J.) sb/