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INDIRA BANERJEE, TAPABRATA CHAKRABORTY
Rajasthan Fertilizers and Chemicals Corporation Limited – Appellant
Versus
Vijaya Bank – Respondent


Advocate Appeared:
For the Appellant :Mr. Arindam Banerjee, Mr. Bhaskar Mukherjee, Ms. Debjani Ghosh and Ms. Deboshree Saha, Advocates.
For the Respondent:Mr. Amitava Das, Mr. Manoj Kr. Singh, Mr. N. Srinivas, Mrs. Suparna Biswas, Advocates.

JUDGMENT :

Tapabrata Chakraborty, J.

This appeal arises out of a judgment and decree dated 26th June, 2007 passed by the Learned Judge, Bench-VII, City Civil Court, Calcutta in Money Suit No.104 of 2001.

2. The appellant herein preferred a suit for recovery of a sum of Rs.3,36,384/- being Money Suit No.104 of 2001 stating inter alia that by a lease deed dated July 27, 1983, the appellant let out to the respondent one office block measuring about 2245 square feet on the 2nd floor at premises 19 R.N. Mukherjeee Road, Calcutta- 700 001 (hereinafter referred as the said premises) for a period of five years with effect from November 01, 1982 at a monthly rate of Rs.15,715/- with an option for renewal for a further period of five years and that after the lapse of the said term of five years and the period of option for renewal for a further period of 5 years, a fresh lease of deed dated May 19, 1993, in respect of the said premises, was executed by the appellant in favour of respondent herein. It was further averred that with effect from April 01, 1984, the Calcutta Municipal Corporation (hereinafter referred to as CMC) imposed a surcharge at the rate of 50% of the consolidated rate towards
































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