SA/637/2007
2021 Latest Caselaw 2535 Cal

14       06.04.2021
sd

Ct .9.                                           SA 637 of 2007


                                  Mr. Avijit Roy
                                                         ..For the respondent.

Affidavit of service filed in Court shows that the item

delivery is complete but no step has been taken on behalf of

the appellant. Let it be kept on record.

Mr. Avijit Roy, learned advocate for the respondent by

his application being CAN 5 of 2020 has sought for vacating

the order of stay of the operation of the judgment and the

decree passed by the learned court below.

The appeal was admitted and by order dated

07.03.2008 the respondent's prayer for a direction upon the

appellant to pay the occupational charges at a enhanced rate

was considered and allowed, and accordingly, a Co-ordinate

Bench of this Hon'ble Court directed the appellant to pay Rs.

800/- p.m towards occupational charges to be paid from the

date of the judgment of the first appellate court and as such,

the appellant/tenant was directed to pay such occupational

charge in respect of the suit premises to the

plaintiff/respondent. But it is alleged that the appellant has

failed and neglected to comply with the court's order.

It is also pointed out that the appellant was directed

to pay the amount of occupational charges to the

landlord/respondent by 15th March 2008 and the arrear

amount of occupational charges was payable along with the

current charges by 10 equal monthly instalments. But the

appellant did not pay for such occupational charges.

It would also appear from Annexure - A of the

application that no such occupational charge had been

deposited since January 2019 by the defendant till the date of

the application on 12.03.2020. So, it is pointed out that there

has been default on the part of the appellant.

Let this fact be taken note when the matter do

appear.

Let this matter appear on 12.04.2021 under the

same heading.

Liberty is given to the learned advocate for the

respondent to communicate the gist of the order to the learned

advocate for the appellant.

(Shivakant Prasad, J. )