Clp Business Llp v. Mrs. Mitali Attick & ORS.

OD-2 ORDER SHEET CS/291/2016 IA NO: GA/3/2017(Old No:GA/2392/2017) GA/11/2020 GA/12/2020

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CLP BUSINESS LLP VS MRS. MITALI ATTICK & ORS.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 23rd AUGUST, 2021.

Appearance :

Mr. Soumyajit Ghosh, Adv.

Mr. Iran Hassan, Adv.

Mr. Sanket Sarawagi, Adv.

...For the Plaintiff Mr. Farhan Ghaffar, Adv.

Mr. Wasim Akram, Adv.

...For the Defendant No.1 The Court : It is submitted by learned Counsel appearing for the plaintiff and the defendant No.1 that the said parties have settled their disputes by way of a Terms Of Settlement dated 13th August, 2021, which has been handed up to this Court.

Counsel submits that the plaintiff does not claim any relief against the defendant Nos.2 to 5, who are the legal heirs of one Som Tiwari in whose favour lease was executed by the plaintiff in respect of the suit premises. The fact of the said defendants surrendering their interest in the unexpired party of the lease has been recorded in paragraph-2 of the Terms. The other clauses in the Terms record that the defendant No.1 has agreed to make over vacant possession of the suit premises on the execution

of the Terms and that the plaintiff has agreed to refund 50% of the security deposit of Rs.2,34,000/- which is presently lying with the plaintiff to the defendant No.1 in full and final settlement and without any further claim and/or demand of any nature.

The defendant No.1 is represented.

It shall however be recorded that the plaintiff has given up its claim against the defendant Nos. 2 to 5 as record in clause 2 of the Terms. CS No.291 of 2016 is accordingly decreed in terms of the Terms of Settlement dated 13th August, 2021 which is kept on record. All interim orders shall stands vacated and all connected application disposed of in terms of the above.

(MOUSHUMI BHATTACHARYA, J.) S.De