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2024 Supreme(Cal) 93

KRISHNA RAO
Primarc Srijan Projects LLP – Appellant
Versus
Howrah Mills Company Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Ratnanko Banerjee, Sr. Adv., Mr. Sabyasachi Choudhury, Mr. Saubhik Chowdhury, Mr. Paritosh Sinha, Mr. Shounak Mukhopadhyay, Mr. Tithankar Das.
For the Defendant : Mr. Abhrajit Mitra, Sr. Adv., Mr. Sarvapriya Mukherjee, Mr. Satadeep Bhattacharyya, Mr. Bikash Shaw, Mr. Sumanta Biswas, Mr. Yashvardhan Kochar.

JUDGMENT :

Krishna Rao, J.

1. The defendant has filed the present application being G.A No. 8 of 2024 for rejection of the plaint or in the alternative to dismiss the suit.

2. The plaintiffs have filed the suit praying for following reliefs:

    “a) A decree in the sum of Rs. 11,58,74,242/-(Rupees Eleven Crores Fifty Eight Lakhs Seventy Four Thousand Two Hundred and Forty Two) along with interest at the rate of 15 % (Fifteen percent) per annum from the date of institution of the suit against the Defendant, as more fully pleaded in paragraph 20 above;

b) Decree for interest upon judgment at the rate of 15 % (Fifteen percent) per annum against the Defendant, as morefully pleaded in paragraph 21 above from 1st June 2018 onwards;

c) Pendente lite interest and interest upon judgment;

d) Perpetual injunction restraining the Defendant and its men, servants or agents to construct or undertake any development on the said land being the demarcated and earmarked portion of 194 Cottahs of land out of the larger premises no. 493/C/A Grand Trunk Road (S), Howrah – 711102 without first making payments of the dues of the plaintiffs.”

3. The defendant is contesting the suit by filing written statement al

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