- (1.) THE Court : After commencement of examination in chief and few questions being put to the plaintiff at that stage, Mr. D.N.Sharma,learned Counsel appearing on behalf of the defendant, on instruction, submits that the defendant is ready and willing to pay over and above the matured value of the fixed deposit for a sum of Rs. 5 lakhs in full and final settlement of the claim of the plaintiff in the suit.
(2.) MR . Asish Chakraborty,learned Counsel representing the plaintiff, on instruction, submits that the plaintiff is ready and willing to accept the said sum of Rs. 5 lakhs over and above the proceeds of the fixed deposit. Mr. Bipul Mitra, the plaintiff as well as Mr. Hiren U. Sanghvi, authorised representative of the defendant deposed before this Court that the suit may be settled on receipt of the aforesaid sums and none of the parties would have any claim against each other. Considering such submission as well as the evidence recorded in this proceeding the suit is disposed of by directing the Registrar, Original Side, High Court, Calcutta to encash the fixed deposit created in terms of the order dated July 12, 2006 prematurely and hand over the proceeds thereof to the Advocate on Record of the plaintiff who shall receive the same on behalf of the plaintiff. Such payment shall be made by pay order and/or demand draft in favour of the plaintiff. In the instant case, the Registrar, Original Side, High Court, Calcutta shall not deduct any commission for holding the aforesaid sum. This order, however, shall not be treated as a precedent in so far as the entitlement of the Registrar, Original Side, High Court, Calcutta to receive commission is concerned. The Branch Manager, Corporation Bank, Dharmatala Branch, Wachel Molla Mansion 8, Lenin Sarani, Kolkata ­7000013 is directed to allow premature encashment of the said fixed deposit and, if possible, not to deduct any charges for such premature encashment. The said sum of Rs. 5 lakhs shall be paid on or before 7th October,2013.
(3.) THE suit shall appear on 8th October,2013 under the heading "For Orders" with correct cause title for recording satisfaction of the decree. The Registrar, Original Side, High Court, Calcutta is requested to forthwith encash the said fixed deposit so that the money could be realized by the plaintiff on or before the returnable date. The suit is appearing under a wrong cause title. The defendant should be described as Mcleod Russel India Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at 4, Mangoe Lane, Surendra Mohan Ghosh Sarani, Kolkata ­ 700 001. This order is recorded on the basis of the amended cause title as carried out in terms of the order dated 24th July,2013.;