C.A.Nos.13199-13202 of 2024
Corrected
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
Civil Appeal Nos.13199-13202 of 2024 (Arising out of SLP (C) Nos. 6630-6633/2021 )
SRI SHYAM SUNDAR MOHATA APPELLANT (S)
VERSUS
UMA ROY & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. These appeals arise from the order passed by the High Court
of Calcutta Civil Appellate Jurisdiction, Appellate side in FMAT
No.231 of 2021 with CA No.1/2021 dated 20th April, 2021. The
impugned order reads thus:-
“We have heard the learned Counsel for the parties.
In the facts and circumstances of the case, we feel that the Trial Court ought not to have granted an unconditional order of injunction having regard to the fact that the respondent/plaintiff No.1 admittedly did not pay the balance amount of Rs.60 lakhs in the manner mentioned in Schedule “C” to the Agreement for Assignment of Lease, which clearly states that the balance amount of Rs.60 lakhs should be paid upon receipt of permission for transfer of leasehold right from the Urban Development Department, subject to a maximum of six months from the date of execution of this Agreement. There is nothing on record to show that the
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C.A.Nos.13199-13202 of 2024
respondent was in any way responsible for the delay. The readiness and willingness of the respondent No. 1 appear...