Calcutta High Court
T. E. Thomson And Co. Limited vs Ams Living Private Limited on 13 August, 2021
ODC-2
ORDER SHEET
IA No.GA/1/2021
In
CS/119/2021
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
T. E. THOMSON AND CO. LIMITED
VS
AMS LIVING PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 13th August, 2021.
[Via video conference]
Appearance:
Mr. Chayan Gupta, Adv.
Mr. Dwip Raj Basu, Adv.
Mr. Rudraman Bhattacharya, Adv.
Mr. Jishnu Chowdhury, Adv.
Mr. Sukanta Ghosh, Adv.
Mr. Arijit Bakshi, Adv.
Mr. Aakash Munshi, Adv.
The Court : The present application is for restraining the respondent
tenant from encumbering or alienating the occupied portion of the licensed
premises and for an order directing the respondent from paying the occupational
charges at the last paid rent which has been calculated at Rs.1,88,680/- in
respect of the licensed portion of the premises.
This Court has been informed that parties tried to settle the matter but
have come back to the Court to urge their grievance.
Today, however, learned counsel appearing for the parties seek to provide
a solution to the dispute by the respondent agreeing to pay occupational charges
at the last paid rent in exchange of uninterrupted electricity and water supply.
Learned counsel for the petitioner submits that water and electricity supply were
never distracted and were in any event not urged by the respondent at any time
prior to this proceeding.
Whatever may be the case, this Court is of the view that since the parties
themselves have provided an exit route to the dispute, GA No.1 of 2021 can be
disposed of with a direction on the respondent to pay the occupational charges at
the rate of Rs.1,88,680/- in respect of the licensed portion of the premises till the
disposal of the suit and for a direction on the petitioner to ensure that the water,
electricity supply and sewerage services to the occupied portion of the premises
are not distracted in any manner. The application is disposed of without
prejudice to the contention of the respondent that the suit is not maintainable in
view of a reasoned judgment passed by a co-ordinate Bench which has held that
disputes of the present nature do not fall within the meaning of a commercial
dispute under the provisions of the 2015 Act.
The electricity charges shall be paid by the respondent as the respondent
has done all along and any charges which has been paid by the petitioner in the
meantime shall be reimbursed by the respondent upon a calculation of the same
being made over by the petitioner to the respondent within two days. The
respondent shall be liable for payment of the electricity charges to the extent
consumed by the respondent.
The order dated 15th July, 2021 is extended till disposal of the suit.
(MOUSHUMI BHATTACHARYA, J.)
RS
