Kolkata, Feb. 28 -- Ruling in favour of Kolkata Municipal Corporation (KMC) in a case relating to property tax default of over rupees one crore, the Calcutta High Court refused to review its previous judgement and modify its order where it directed the petitioners to pay Rs 15 lakh for the time being.
The bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray was moved by the appellants with a review application.
In the case, the owners of premises 46/31/1, Lila Roy Sarani (formerly, Gariahat Road), Kolkata defaulted on payment of property tax dues.
KMC raised a demand of approximate Rs 1.22 crore comprising some Rs 69.20 lakh on account of principal and the rest due to interest and penalty. The appellants failed to pay the demanded sum or any portion thereof. KMC issued a distress warrant for recovery of arrear tax.
When KMC officials reached the premises to take possession of the movables in execution of the distress warrant, they found a padlock on the entry door. Having been denied entry to secure the movables for recovery of property tax dues, KMC put its seal over the said padlock.
The appellants moved a single bench against such action. The court then directed them to pay Rs 35 lakh, following which KMC would open the padlock. This order was also challenged by the appellants at a division bench. The judgement given reduced it to Rs 15 lakh from Rs 35 lakh.
The appellants' counsel said they deposited with KMC Rs 10 lakh which is lying in its suspense account.
Therefore, the judgment and order be modified to direct the applicants to deposit Rs 5 lakh instead of Rs 15 lakh after giving credit to the sum of Rs 10 lakh that is lying in the suspense account.
Court noted they didn't pay Rs 15 lakh and five months later came up with the review application. It was observed: "..conduct of the review applicants amounts to sharp practice, verging on dishonesty".
The court refused to review its judgement and modify its previous order.
Published by HT Digital Content Services with permission from Millennium Post.