Greentech It City Pvt. Ltd. Vs Prakash Ch Gupta — Calcutta HC (2025) — LawSathi Research

Greentech It City Pvt. Ltd. Vs Prakash Ch Gupta — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

C.O. 1552 of 2025 disposed of on the basis of the parties' settlement: three cheques totalling Rs.42,00,000/- were handed over by the petitioner to the opposite party's advocate; the opposite party's advocate assured return of the earlier cheque by Monday (19/05/2025); parties to issue an acknowledgement in that regard; liberty granted to file the settlement agreement before the Certificate Officer, Deputy Magistrate & Deputy Collector, Bidhannagar, North 24-Parganas on the next hearing date of May 19, 2025, and the Certificate Officer directed to act in accordance with the settlement agreement; no order as to costs.

Issue for consideration

Whether C.O. 1552 of 2025 should be disposed of in view of the settlement arrived at and executed between the parties, and what directions should issue regarding the settlement agreement before the Certificate Officer.

Court's answer

Since the matter has been settled between the parties, this Court gave liberty to the parties to file the settlement agreement before the Certificate Officer, Deputy Magistrate & Deputy Collector, Bidhannagar, North 24-Parganas, on the next date of hearing (May 19, 2025), and directed the Certificate Officer to act in accordance with the settlement agreement.

Ratio / Principle

In view of the settlement between the parties, C.O. 1552 of 2025 is disposed of, with no order as to costs.

Detailed headnote1 paragraphs

Settlement-based disposal of civil order — Three cheques totalling Rs.42,00,000/- handed over — Certificate Officer directed to act in accordance with settlement agreement. Both parties uniformly submitted that they had arrived at a settlement, evidenced by a settlement agreement executed on May 16, 2025 at Kolkata, the original whereof was produced before the Court and whose photocopy was directed to be filed the same day. In terms of the payment clauses of the agreement, the petitioner handed over three cheques totalling Rs.42,00,000/- to the advocate-on-record of the opposite party; the opposite party's advocate assured return of the earlier cheque by Monday (19/05/2025), and the parties were directed to issue an acknowledgement in that regard. The parties were given liberty to file the settlement agreement before the Certificate Officer, Deputy Magistrate & Deputy Collector, Bidhannagar, North 24-Parganas, on the next hearing date fixed as May 19, 2025, and the Certificate Officer was directed to act in accordance with the settlement agreement. C.O. 1552 of 2025 was disposed of accordingly; no order as to costs. (Hiranmay Bhattacharyya, J.)

D/L- 7 16/05/2025 Ct. No.-6 Aritra C.O. 1552 of 2025 Greentech IT City Private Limited Vs. Prakash Chandra Gupta

Mr. Aniruddha Chatterjee, Sr. Adv. Mr. Ratul Das Mr. Anand Dwivedi Mr. Shivam Pathak Mr. Kamran Hussain .…for the petitioner Mr. Ajay Gaggar Mr. Uttiyo Mallick ….for the opposite party

It has been uniformly submitted by the learned advocate for the respective parties that the parties have arrived at a settlement and a settlement agreement has been duly executed on May 16, 2025 at Kolkata. The original settlement agreement was produced before this Court.

The learned advocate for the petitioner is directed to file a photocopy of such settlement agreement in course of this day.

The learned advocate appearing for the petitioner submits that in accordance with the payment terms as indicated in the said settlement agreement, the petitioner is ready and willing to hand over three cheques total amounting to Rs.42,00,000/- drawn in favour of the opposite party herein in course of this day. It is recorded that the three cheques as per the

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settlement agreement has been handed over to the learned advocate on record of the opposite party. The learned advocate for the opposite party assures that the earlier cheque which was given to the opposite party shall be returned to the learned advocate on record of the petitioner by Monday (19/05/2025).

The petitioner and the opposite party are directed to issue and acknowledgement in that regard.

Since the matter has been settled between the parties, this Court gives liberty to the parties to file the settlement agreement before the Certificate Officer, Deputy Magistrate & Deputy Collector, Bidhannagar, North 24-Parganas, on the next date of hearing before the Certificate Officer i.e. on May 19, 2025. The Certificate Officer is directed to act in accordance with the settlement agreement.

With the above observations CO 1552 of 2025 is disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)