Full Text
HIGH COURT OF DELHI
Date of
JUDGMENT
THE KOLKATA MUNICIPAL CORPORATION & ANR..... Appellants
Through: Mr. S.B. Upadhyay, Sr. Advocate with Mr. Sujoy Mondal & Ms. Anisha Upadhyay, Advocates
Through: Mr. Dharmendra Sharma, Advocate for R-1 with R-1 in person
HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J. (ORAL)
1. Challenge in this appeal is to the judgment dated 17.09.2015 passed by a Single Judge of this Court. The respondent had filed a suit for recovery against the appellant herein in the sum of Rs. 50,83,155/- together with pendente lite and future interest at the rate of 18% per annum together with costs
2. The subject matter of the suit was supply and fixing of 750 auditorium chairs in Sarat Sadan Behla, Calcutta. Parties entered into an agreement on 10.02.2010. As the appellant/ respondent (defendant before the Single Judge) failed to appear, the suit was decreed ex-parte on 17.09.2015. This appeal has been filed with an application seeking condonation of 1050 days delay. 2019:DHC:1577-DB
3. During the course of hearing, various suggestions have been made by the parties. Counsel for respondent No. 1, on instructions from respondent No. 1, had submitted that chairs were supplied by him as far back as in the year 2010 but he has not received a penny.
4. He further submitted that Rs.52,15,317/- stands attached and in case the appeal is allowed and the appellant is given an opportunity to contest the matter, this amount should be released in his favour although he is willing to make a fixed deposit in the name of the Registrar General of the Court.
5. Counsel for the appellant has submitted that courts in Delhi would not have jurisdiction and thus the appeal be allowed; order of the Single Judge be set aside and the plaint be returned to be filed in the appropriate Court of jurisdiction in Calcutta.
6. The parties have agreed as under:
(i) The impugned order dated 17.09.2015 is set aside.
(ii) The plaint shall be returned to enable the respondent/plaintiff to file the same in the appropriate court of jurisdiction.
(iii) The Bank account which has been attached in the sum of
Rs.52,15,317/- will be converted into a Fixed Deposit Receipt (FDR) in the name of the respondent No. 1 and deposited with the Registrar General of the Calcutta High Court. The FDR will be made within four weeks.
(iv) In case the plaintiff/respondent No. 1 succeeds, the amount accrued together with interest shall be released in favour of the respondent No. 1 together with whatever claim he may have further as per the decree, if so passed.
7. Counsel for the parties submit that they would not take unnecessary adjournments or delay the matter to enable the appropriate court to decide the matter expeditiously.
8. With the above agreed terms, the appeal is disposed of. CM APPL. 3303 & 3306/2019
9. The applications stand disposed of in view of the orders passed in the appeal. G.S.SISTANI, J JYOTI SINGH, J MARCH 14, 2019 rd