Calcutta High Court (Appellete Side)
(S.R.) vs Shree Govind Property & ... on 4 May, 2023
FAT 372 of 2022
with
04.05.23 CAN 1 of 2022
Sl-06
Ct.32 Orient Steel & Industries Ltd.
(S.R.) v.
Shree Govind Property & Investments Pvt. Ltd.
Mr. Reetobroto Mitra
Ms. Radhika Singh ... for the appellant.
Mr. Sakya Sen
Mr. Pranay Mukherjee ... for the respondent.
In re: CAN 1 of 2022
The present appeal has been preferred challenging
the judgment and decree dated 16th September, 2022
passed by the Learned Judge, 7th Bench, City Civil Court,
Calcutta in Title Suit No.1341 of 2013. In connection
with the appeal, an application for stay being CAN 1 of
2022 has been filed and the parties have exchanged their
affidavits in the same.
Mr. Mitra, learned advocate appearing for the
appellant submits that the appellant is occupying a
portion of the 5th floor and it is functioning as an office.
The suit premises are not being utilized for commercial
purposes. The appellant has continued to pay the
contractual rent of Rs.21,000/- per month till the month
of April, 2023 and the same has been accepted by the
respondent. Unless the operation of the judgement and
decree is stayed, the appellant would be severely
prejudiced.
Mr. Sen, learned advocate appearing for the
respondent denies and disputes the contention of the
appellant and submits that the building is situated at
Brabourne Road and the appellant is enjoying an area of
3,363 sq.ft. A tenant occupying an area of more than
5,000 sq.ft. in the ground floor of the said building, is
paying a rent of more than Rs.7,00,000/- (rupees seven
lakhs) per month. In the event, the operation of the
judgment and decree is stayed, the respondent would be
deprived of the fruits of the decree.
Heard the learned advocates appearing for the
respective parties and considered the materials on record.
It appears that the building is situated at the heart
of the city and the appellant is in occupation of an area of
3,363 sq.ft in the 5th floor of the building. Allegedly, the
appellant is utilizing the same for commercial purposes.
In view thereof and as prima facie an arguable case
has been made out by the appellant, operation of the
judgment and decree needs to be stayed but the appellant
is also required to be put to terms.
Accordingly, the application being CAN 1 of 2022 is
disposed of directing that the appellant shall pay an
amount of Rs.2,00,000/- (rupees two lakhs) per month to
the respondent on and from the month of April, 2023 till
the disposal of the appeal. The amount for the months of
April and May, 2023 shall be credited to the appellant's
bank account by 20th of May, 2023. Thereafter, from the
month of June, 2023, the appellant shall continue to pay
the amount of Rs.2,00,000/- per month by the 15th day of
the respective months.
The operation of the impugned judgment and
decree shall remain stayed till the disposal of the appeal.
In the event the appellant fails to comply with the
directions, the order of stay shall stand vacated.
Let the hearing of the appeal be expedited.
As Mr. Mukherjee, learned advocate has entered
appearance on behalf of the respondent, service of notice
of appeal upon the said respondent is dispensed with.
Lower Court records be called for through Special
Messenger at the cost of the appellant. Such cost shall be
deposited within two weeks from date.
Immediately, after arrival of the Lower Court
Records, the office shall examine the same and, if found
complete shall issue notice of arrival of Lower Court
Records to the learned advocate for the appellant.
The appellant is directed to prepare and file
requisite number of informal paper books-printed,
typewritten or cyclostyled, as the case may be out of
Court, within four weeks from the date of service of notice
of arrival of Lower Court Records.
All formalities regarding preparation of paper books
are dispensed with but the learned advocate for the
appellant is directed to incorporate all relevant documents
in the informal paper books.
Liberty to mention for final hearing of the appeal
after filing of the paper books.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)
