ORDER OCD-1 IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION CS-COM/39/2024 [OLD NO. CS/105/2007] FIXOPAN MANAGEMENT PVT. LTD. & ORS. VS THE NEW INDIA ASSURANCE COMPANY LIMITED BEFORE: The Hon’ble JUSTICE BIVAS PATTANAYAK Date: 12th February, 2025. Appearance: Mr. Shiv Ratan Kakrania, Adv. Ms. Jiya Bose, Adv. …for the plaintiffs. Mr. Soumendranath Ganguly, Adv. Mr. Jit Ray, Adv. Ms. Suparna Das, Adv. …for the defendant. The Court:- This matter is appearing under the heading “To Be Mentioned”. This is a suit for eviction, mesne profit and arrears of municipal taxes. The plaint case in brief is that the defendant was inducted as a lessee by Guha Trust Estate, the predecessor-in-title which was the owner of the said premises at the material point of time, in respect of a floor space comprising of one hall together with a chamber and five toilets having useable carpet area of approximately 3089 sq. ft. on the second floor of the premises no. 7, Ganesh Chandra Avenue, Kolkata- 700013 morefully described in Schedule marked with letter ‘A’ to the plaint. Thereafter on 3rd February, 1996, one Mangal Finance Ltd. purchased the aforesaid premises from Guha Trust Estate. On or 2 about 27th May, 1996/30th May, 1996, the plaintiff purchased the aforesaid premises from Mangal Finance Ltd. and as such became seized and possessed and are sufficiently entitled to the said premises. As per the lease agreement executed in the year 1991 by and between the Guha Trust Estate and the defendant, the defendant as a lessee was entitled to hold the said suit premises for a term of 21 years with effect from 28th December, 1985 under certain terms and conditions. The period of lease expired on 27th December, 2006. In spite of demands, the defendant failed, neglected and/or refused to hand over vacant possession of the aforesaid premises to the plaintiffs. Hence this suit. On 5th October, 2023, issues were framed in the present suit. In GA 7 of 2023 filed by the plaintiffs, Advocate-Commissioner was appointed. During the pendency of the suit, as per submissions of the learned advocates for respective parties, settlement has been arrived between the parties. The terms of settlement dated 27th January, 2025 signed by both the plaintiffs as well as the defendant filed in Court is taken on record. Learned advocate representing the plaintiffs as well as the defendant seeks for decree in terms of terms of settlement. Perused the terms of settlement dated 27th January, 2025. The parties have consented for disposal of the suit on the following terms agreed by and between them: “1. The Defendant shall vacate the suit premises located at Guha Estate, 7, Ganesh Chandra Avenue, Kolkata - 700 013, within two months from the date of execution of this Terms of Settlement. The Defendant shall ensure that the premises are vacated in 3 their entirety and peaceful and vacant possession is handed over to the Plaintiff without any encumbrances, claims, or disputes. 2. Both parties agree that all disputes and claims arising out of or in connection with the subject matter of the suit, including those stated in the pleadings, shall stand fully and finally settled upon the execution of these terms of settlement. Neither party shall have any future claims or demands against the other related to the subject matter of this suit. 3. This Terms of Settlement shall be filed before the Hon’ble Calcutta High Court within 14 days from the date of execution of this Terms of Settlement. 4. Irrespective of any time taken to complete the Court procedures, including the passing of the Consent Decree, the Defendant shall hand over possession of the suit premises within the stipulated time of 2 months from the date of execution hereof. 5. The terms of this settlement are without prejudice to the legal rights of the parties and shall not be used as evidence in any other legal or administrative proceedings, except as necessary to implement its terms or to comply with the orders of the Hon’ble Court. 6. The suit is thus disposed of in terms of this Terms of Settlement. 7. Interim order, if any, stands vacated. 8. The parties shall bear their respective costs. 9. The Department is directed to draw up and complete the decree on these terms expeditiously. ” Considering submissions advanced on behalf of the parties as well as the terms of settlement filed in Court, let there be decree in terms of the terms of settlement dated 27th January, 2025. The terms of settlement shall form part of the decree. The suit being CS-COM/39/2024 [old No. CS/105/2007] stands disposed of along with all connected applications. Interim orders, if any, stand vacated. No order as costs. The learned Advocate-Commissioner is discharged. Accordingly, the decree be drawn expeditiously. (BIVAS PATTANAYAK, J.) R.D. Barua