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2018 Supreme(Cal) 694

BISWANATH SOMADDER, MOUSHUMI BHATTACHARYA
ABL International Limited – Appellant
Versus
Indian Oil Corporation Limited – Respondent


Advocates Appeared:
Jishnu Saha, Adv., Sulagna Mukherjee, Adv., U.S. Menon, Adv., Abhirup Chakraborty, Adv., Dhruba Ghosh, Adv., Shuvasis Sengupta, Adv., Trisha Mukherjee, Adv.

JUDGMENT :

Moushumi Bhattacharya, J.

1. These are two appeals from a Judgment dated 25th September 2014 as corrected by an order dated 28th October 2014 passed by the learned First Court. The suit is for a money decree filed by the plaintiff ABL International Limited (ABL) against the defendant Indian Oil Corporation (IOC) on the basis of an agreement executed between the parties in relation to four floors of premises no.1, Shakespeare Sarani, Kolkata, for a term of 21 years commencing from the date when the said floors were handed over to the defendant IOC.

2. By the impugned judgment, the learned First Court held that the defendant IOC was a trespasser in relation to the three floors of the premises in question from 3rd November, 1991 to 31st May, 1994 and that the plaintiff ABL was entitled to mesne profit for the said period.

3. The defendant IOC has challenged the impugned judgment and order (APO no. 207 of 2015) by reason of the above findings of the learned First Court. The plaintiff ABL has also preferred an appeal (APD 494 of 2014) challenging the period for which the mesne profit was granted.

4. According to the plaintiff, a supplementary agreement registered on 12th September
























































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