Kishan Lal Agarwal vs Hrg Trading Private Limited
2022 Latest Caselaw 4265 Cal

    (02)
15.07.2022
  (p.jana)
                          IN THE HIGH COURT AT CALCUTTA
                          CIVIL REVISIONAL JURISDICTION

                                     CO No. 1689 of 2022

                                 Kishan Lal Agarwal
                                   -versus-
                            HRG TRADING PRIVATE LIMITED

                    Mr. Rajarshi Dutt,
                    Mr. VVV Sastry,
                    Mr. Tridib Bose,
                    Mr. Sourav Roy
                           ... for the petitioner/plaintiff/decree holder.

                    Mr. Kushal Chatterjee,
                    Mr. Abir Lal Chakravorti,
                                ... for the opposite party/respondent/

judgement debtor.

Affidavit of service filed on behalf of the

petitioner be kept with the record.

The opposite party has suffered an ex-parte

decree of eviction passed in a suit being Title Suit No.

686 of 2018.

An application for setting aside the said ex-

parte decree being Misc. Case No. 54 of 2021 is

pending before the 2nd Court of learned Civil Judge

(Senior Division), Barasat, District-24 Parganas (North).

In the said misc. case, the learned Trial Judge

by the order dated September 30, 2021 has stayed the

further proceedings of the Execution Case being Title

Execution Case No. 2 of 2019 levied to execute the said

ex parte decree of eviction and by the order dated May

21, 2022 has disposed of the application filed by the

decree-holder for payment of the occupational charges

by directing the judgment-debtor to pay the said

charges at the rate of contractual rent i.e. Rs. 33,000/-

per month.

The decree-holder in the present application

under Article 227 of the Constitution of India is

challenging both the aforesaid orders.

The grievance of the decree-holder is that the

amount of Rs. 33,000/- per month is disproportionate

with the current market rate of rent prevailing in the

area where the suit property is situated.

The suit property since was let out in the year

2013 for three years at the rate of rent of Rs. 33,000/-

per month, this Court though on a conservative

assessment, fixes it at the rate of Rs. 50,000/- per

month payable from the date of said ex-parte decree,

i.e. January 24, 2019.

Mr. Rajarshi Dutta, learned advocate for the

decree-holder submits that his client since is in dire

need of money for his treatment, he may be allowed to

withdraw a portion of the arrear occupational charges

calculated at the rate of Rs. 33,000 per month, which

is to the tune of Rs. 13.86 lakh (Thirteen lakhs and

eighty six thousand rupees only) and also the current

occupational charges at the said rate.

Mr. Kushal Chatterjee, learned counsel for the

judgment-debtor does not raise any serious objection to

the said prayer of Mr. Dutta.

The arrear occupational charges calculated for

the period from February 2019 to July 2022 comes to

Rs. 21 lakhs (Twenty one lakhs rupees only) out of

which the judgment-debtor is required to remit the said

sum of Rs. 13.86 lakhs to the bank account of the

decree-holder by three monthly installments of Rs. 5

lakhs, Rs. 4.86 lakhs and Rs. 4 lakhs within the month

of July, 2022, August, 2022 and September, 2022

respectively and also to remit a sum of Rs. 33,000/-

per month, being a part of current occupational

charges of Rs. 50,000/- to the said bank account of the

decree-holder within the 7th of each succeeding month

for which it falls due.

The learned advocate on record of both the

parties namely, Mr. Sourav Roy and Mr. Abir Lal

Chakravorti shall open a joint bank account with any

Nationalized Bank, wherein the judgment-debtor shall

deposit the rest of the said arrear occupational charges,

within August, 2022 and shall also deposit the rest

part of the current occupational charges i.e. Rs.

17,000/- per month in the said account, within the 7th

of each succeeding month for which it falls due.

There shall be an unconditional stay of the

Execution Case No. 2 of 2019 pending before the 2nd

Court of learned Civil Judge (Senior Division), Barasat,

District- 24 Parganas (North) till the end of the month

of September, 2022 and in the event the aforesaid

payments/deposits are made within the stipulated

time, the said stay shall continue till the disposal of the

Misc. Case No. 54 of 2021.

In the event of any default in compliance of any

part of this order, the said stay shall be automatically

vacated without any reference to this Court and the

decree would be executable at once.

The learned Trial Judge is requested to expedite

the disposal of the misc. case and in doing so shall not

grant any unnecessary adjournment to either of the

parties.

C.O. 1689 of 2022 is disposed of with the above

terms without any order as to costs.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance of all requisite formalities.

(Biswajit Basu, J.)