Vaibhav Agarwal & Ors vs Shyam Sundar Aggarwal
2023 Latest Caselaw 4574 Cal

31.07.2023

Item 1431 CP C.O. 1333 of 2023 Vaibhav Agarwal & ors.

Vs.

Shyam Sundar Aggarwal

Mr. Shaunak Ghosh Mr. Sourav Mondal ...for the Petitioners.

This court does not find it necessary to

interfere with the order dated March 28, 2023,

passed by the learned Judge, 6th Bench, Presidency

Small Causes Court at Calcutta.

The petitioners submit that the occupational

charges of Rs.5000/- per month along with current

rent was way below the market rent, the property

would fetch. It is submitted that on the principles

laid down in Atma Ram Properties (P) Ltd. Vs.

Federal Motors (P) Ltd., reported in (2005) 1 SCC

705, the market value of the property should be

taken into consideration. It is submitted that a

valuation statement has been obtained which would

show that the market rent per month was close to

Rs.43000/-.

This court is not in a position to take up the

valuation statement, when the same was not a part

of the records before the learned court below.

The petitioners may approach the learned

court below seeking review of the order on the basis

of the valuation statement, if permissible in law. If

such application is filed, the same shall be disposed

of independently and in accordance with law, upon

giving opportunity to the judgment debtor to contest

the same.

This court has not made any observation on

the merits of the claim of the petitioners.

The revisional application is accordingly

disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this

order.

(Shampa Sarkar, J.)