Sarvamangala Properties vs Punjab National Bank
2022 Latest Caselaw 2319 Cal/2

ODC 7

                               ORDER SHEET
                                AP/550/2022
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                           COMMERCIAL DIVISION



                          SARVAMANGALA PROPERTIES
                                     VS
                            PUNJAB NATIONAL BANK



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 30th August, 2022.


                                                                        Appearance:
                                                              Mr. Ishaan Saha, Adv.
                                                           Mr. Anil Choudhury, Adv.
                                                                  ...for the petitioner

                                                        Mr. Ranojit Chowdhury, Adv.
                                                                ...for the respondent

The Court: Heard counsel appearing on behalf of the parties. The admitted

position is that no rent has been paid by the respondent from 1st of May, 2017 till

date. The rent approximately comes to Rs.1,90,00,000/-. The position in law is

very clear and a catena of judgments of this High Court and Supreme Court has

held that a person cannot be allowed to enjoy a property without paying the

undisputed rent.

In light of the same, the respondent is directed to make payment of the

above sum of Rs.1,90,00,000/- to the petitioner within a period of six weeks from

date.

Counsel appearing on behalf of the respondent seeks time to file affidavit in

this matter. Accordingly, let affidavit-in-opposition be filed within a period of

four weeks from date. Reply thereto, if any, be filed within two weeks thereafter.

List this matter six weeks hence.

(SHEKHAR B. SARAF, J.)

B.Pal