- (1.) The petitioner filed the suit against the defendant no.1 bank and the defendant no.2, Kolkata Municipal Corporation. In the suit, the petitioner claimed recovery of possession of the suit property after evicting the respondent no.1 bank therefrom. The petitioner further claimed recovery of arrear rent and commercial surcharge in respect of the suit property from the respondent no.1 bank.
(2.) In aid of the relief claim in the suit, in the present application the petitioner prayed for various relief including a direction upon the respondent no.1 bank to make over vacant and peaceful possession of the suit property to it.
(3.) During pendency of this application the respondent no.1 bank has vacated the suit property and made over vacant possession of the suit property to the petitioner. The respondent no.1 bank has also paid substantial amount to the petitioner on account of commercial surcharge upto December 31, 2017. Thus, at the present moment, the petitioner prays for interim relief against the respondent no.1 bank for payment of the arrear rent in respect of the suit property since April, 2012 after adjusting some part payments.;