High CourtsSingle Bench(2018) 12 CAL CK 0054

Kedar Nath Das vs Manick Lal Das & Ors

Calcutta High Court · Decided on 12 December 2018

HON’BLE JUDGES
Soumen Sen, J
RESULT
Disposed Off
CASE NUMBER
General Application No. 2300 Of 2018, Civil Suit No. 429 Of 1990

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Judgment

9 paragraphs · 366 words

The Court: The respondent nos. 5 to 7 are not represented. The respondent nos. 3, 5 to 7, 8 and 9 have deposited Rs.10,000/- each with the receiver towards his remuneration. The plaintiff, however, did not pay the remuneration of the receiver. The learned Counsel for the plaintiff has assured this Court that the share of remuneration of the plaintiff shall be paid within one week from date.

The stamp duty payable on the decree dated 17th June, 2013 has been assessed at Rs.47,880/-. The said respondent nos. 3, 5 to 7, 8 and 9 have also deposited a sum of Rs.10,000/- each in order to enable the receiver to take steps for payment of the stamp duty on the final decree.

In view of the aforesaid, the plaintiff is directed to pay a sum of Rs.20,000/- to the receiver towards the remuneration of the receiver as well as towards his share of expenses for adjudication and payment of stamp duty on the final decree.

Mr. Rudra Narayan Chaudhuri, learned Counsel appearing on behalf of the plaintiff has submitted that this money may be realised out of the deposits made with the Registrar, Original Side, High Court towards owelty money deposited by the other respondents.

On 21st January, 2015 I disposed of GA 2777 of 2014 by directing the respondent nos. 3, 8 and 9 to pay the plaintiff the owelty money. In terms thereof, the money has been deposited with the Registrar, Original Side, High Court. The Registrar, Original Side, High Court shall refund a sum of Rs.20,000/- to the receiver within a week from date of communication of this order to enable the receiver to put in the stamp duty and have the decree duly stamped and registered with the registering authority. The receiver shall retain a sum of Rs.10,000/- out of the amount realised towards his remuneration for the time being.

The matter stands adjourned till 21st January, 2019.

The receiver shall file a report as to the compliance of this order.

It is desired that Plot A shall in the meantime be handed over to the plaintiff by the concerned defendants.

The report filed by the receiver is kept with the record.