The High Court at Calcutta decreed the suit based on a lawful Memorandum of Settlement filed by the parties, completing the disposition of the pending application.
The suit was decreed in terms of the Memorandum of Settlement. The settlement becomes part of the decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ORDER
OD–2
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION
IA NO: GA/5/2022 IN CS/50/2011 JAIN INFRAPROJECTS LTD.
VERSUS
ASHA MIRCHANDANI WATER STREET AND ORS.
BEFORE:
THE HON'BLE JUSTICE RABINDRANATH SAMANTA DATE : 23RD AUGUST 2022
APPEARANCE:
Mr. Suvasish Sengupta, Advocate Mr. S.D. Majumdar, Advocate Mr. Sarosij Dasgupta, Advocate … for plaintiff.
Mr. Soumyajit Mishra, Advocate … for defendant nos.1A, 1B & 9.
Mr. Dibanath Dey, Advocate … for defendant no.8. Mr. Ritesh Kumar Ganguly, Advocate … for defendant no.10.
The Court:- The parties file a Memorandum of Settlement in original. Let
it be kept on record.
Now, the application being GA/5/2022 is taken up for hearing.
I have heard learned lawyers appearing for the parties.
This Court, by order dated 12th July 2022, partly disposed of the application relating to prayers (b) to (g).
Learned lawyers appearing for the parties submit that the suit be decreed in terms of the Memorandum of Settlement and as per prayers (h) and (i) of the application.
2
I have gone through the Memorandum of Settlement arrived at amongst the parties. The terms of settlement of the Memorandum of Settlement appear to me lawful. So, the suit may be decreed in terms of the aforesaid Memorandum of Settlement.
Accordingly, the suit be decreed in terms of the Memorandum of Settlement. The Memorandum of Settlement do form a part of the decree.
The concerned department is directed to draw up and complete the decree expeditiously.
In view of the above, the suit as well as all the pending applications stand disposed of. Parties shall bear their respective costs.
(RABINDRANATH SAMANTA, J.)
s.kumar
1 issue framed by the court
Whether the suit should be decreed in terms of the Memorandum of Settlement filed by the parties.
RABINDRANATH SAMANTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
