Shilali vs Bharati Das & Ors
2024 Latest Caselaw 1247 Cal/2

Calcutta High Court

Shilali vs Bharati Das & Ors on 3 April, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                IN THE HIGH COURT AT CALCUTTA
                        In appeal from its
              ORDINARY ORIGINAL CIVIL JURISDICTION
                 CIVIL APPELLATE JURISDICTION



                         IA No: GA 1 of 2024
                         APOT No. 40 of 2024
                                  With
                          PLA No. 88 of 1976
                            In the goods of:
                     Subodh Gopal Bose (Deceased)
                                  And
                           In the matter of:
                                 Shilali
                                 Versus
                          Bharati Das & Ors.

                         IA No: GA 1 of 2024
                         APOT No. 43 of 2024
                                  With
                          PLA No. 88 of 1976
                            In the goods of:
                     Subodh Gopal Bose (Deceased)
                                  And
                           In the matter of:
                                 Shilali
                                 Versus
                          Bharati Das & Ors.




Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice MD. SHABBAR RASHIDI
Date: 3rd April 2024

                                                               Appearance:
                                               Mr. Sandip Ghosh, Advocate
                                                 Mr. Subrata Das, Advocate
                                              Mr. Debayan Ghosh, Advocate
                                                          for the appellant
                                                   Mr. R. L. Mitra, Advocate
                                                     for Deepak Kr. Sarkar
                                               Mr. Jatindra Barik, Advocate
                                                          for Anirban Dutta


        The Court: After hearing learned counsel for the parties we are

in a position to dispose of these appeals, dispensing with all formalities.

        During the course of argument, two issues were involved. Mr.

Sandip Ghosh, learned advocate appearing for the appellant submitted
                                     2


that his client had spent a substantial amount for repair and renovation

of the subject property at Puri and was liable to be reimbursed that

amount by adjustment with the amounts payable on account of the

appellant's occupation of the said premises.

        Mr. Ranjan Lal Mitra, learned advocate appearing for the

respondent no.5 group Dipak Kumar Sarkar and others contended that

a sum of Rs.6,60,000/- was due from Mr. Ghosh's client on account of

unpaid rent during the Covid pandemic period and thereafter till date.

He submitted that such sum should be immediately deposited by Mr.

Ghosh's client.

Mr. Ghosh's client is now paying rent of Rs.60,000/- per month

to the Receiver as occupation charges. This amount is being paid by her

since 2013.

We are of the view that a comprehensive calculation of the

cross claims of the said two parties is required to be made by the

learned single judge and thereafter suitable directions be given for

satisfaction of any claim which is found payable.

Keeping all these factors in mind, we dispose of both the

appeals by this common judgment and order by setting aside the

impugned orders dated 24th November 2023 and 21st December 2023

and requesting the learned trial court to revisit and readjudicate the

above issues, on remand.

As an interim measure, we direct the appellant to pay

occupation charges at the rate of Rs.75,000/- per month from April,

2024 payable by 30th April 2024 and by 15th of each succeeding month

in advance to the Receiver. In addition to that, the appellant shall on

account of arrear occupation charges deposit Rs.2,00,000/- with the

Receiver in two instalments, one for Rs.1,00,000/- by 30th April 2024

and the other for Rs.1,00,000/- by 14th June 2024.

The above payment of occupation charges and the above

deposit are to be treated as ad hoc and without prejudice to the rights

and contentions of the parties which can be decided by the learned trial

judge.

The appeals and the connected applications are disposed of.

As affidavits were not invited, allegations contained in the stay

applications are deemed to have been not admitted.

(I. P. MUKERJI, J.)

(MD. SHABBAR RASHIDI, J.)

R. Bose