Calcutta High Court
Allworth Vinimoy Private Limited vs Nexus Connexions on 1 July, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
OCD -69
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL JURISDICTION
ORIGINAL SIDE
EC/68/2023
IA NO: GA/1/2024
ALLWORTH VINIMOY PRIVATE LIMITED
VS
NEXUS CONNEXIONS
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 1st July, 2025.
Appearance:
Mr. Krishna Raj Thaker, Sr.Adv.
Mr. Ratul Das, Adv.
Mr. Supriyo Banerjee, Adv.
.... for the award holder
Mr. AneekPandit, Adv.
Mr. AvijitKundu, Adv.
Mr. Debopriya Ghosh, Adv.
Ms. Tanistha Jain, Adv.
...for the award debtor
The Court: GA 1 of 2024 is an application for the grant of the
following prayers:-
"(a) Direction for payment of Rs. 30,000/- per month on account of
mesne profits as per the liberty granted in the order dated 25 th
April, 2023;
(b) Stay granted by the order dated 25 th April, 2023 be vacated;
(c ) Direction for payment of Rs. 90,79,430/- (Rupees Ninety Lakhs
Seventy Nine Thousand Four Hundred and Thirty only) on account
of outstanding dues as mentioned in paragraph 21 of the affidavit;
2
(d) Direct the Judgment Debtor for payment of Rs. 1,50,000/- per
month from may, 2023 till possession of the said premise is
handed over to the Petitioner as per the Award;
(e) In the alternative direction on the Respondent for eviction and
handing over possession of the said premises to the Petitioner;
(f) Ad interim orders in terms of prayers above;
(g) Such further and/or other order or orders be passed, direction
or directions be given as Your Lordships may deem fit and proper."
Mr. Thaker, learned senior advocate submits that liberty was granted
by a coordinate Bench to claim monthly rentals, upon payment of the charges
of the Kolkata Municipal Corporation. This application has been filed upon
payment of the dues of the Corporation and after order of attachment of the
property was lifted.
Mr. Thaker contends that once the award debtor has suffered the
decree of eviction, the award debtor is liable to pay occupational charges at the
market rate.
According to Mr. Thaker, although prayer was made before the
learned Court seeking liberty to pray for the monthly rentals, the liberty
granted by the court would mean that the award holder could claim
occupational charges. The award debtor should pay and stay in the property.
Till such time it continues to occupy the property, payments for occupation will
have to be made. The expression "monthly rental" in the order, cannot be read
in isolation of the law. It is well-settled that occupational charges should be
paid at the market rate, which means the rents that the property can fetch at
present, if the same is let out to any other tenant or licensee.
Mr. Pandit, learned advocate for the respondent has submitted a
compilation which contains the valuation of the property and calculation on
the basis of the admitted rent. He submits that such prayer was refused by
another co-ordinate Bench.
Having considered the rival contentions of the parties, this Court is of
the view that award was stayed by a coordinate Bench pursuant to the award
debtor paying a sum of Rs. 50 lakhs to the award holder. His Lordship had
granted liberty to claim monthly rentals upon discharge of the liability towards
the Kolkata Municipal Corporation. In terms of the order of His Lordship, the
monthly rental should be paid from the date of the order of His Lordship. The
dispute and controversy with regard to the market rate of the property is not
gone into at this stage as this Court is of the view that the application under
Section 34 should be listed and heard out immediately. However, considering
the leave granted by His Lordship and the fact that the award debtor has not
paid any occupational charges after the order of His Lordship, this Court is of
the opinion that a reasonable rate which the property would fetch at present
should be paid, taking into consideration the age of the building and the
condition thereof.
Under such circumstances, according to the principles laid down in
the decision of M/S. Atma Ram Properties (P) Ltd vs M/S. Federal Motors
Pvt. Ltd reported in AIR Online 2004 SC 597 and Heera Traders vs. Kamla
Jain reported in AIR 2022 SC 1377, this Court directs payment of Rs.
30,000/- per month on and from May 2023 by the award debtor. The arrears
on and from May, 2023 till June, 2025, at the monthly rate of Rs. 30,000/-,
shall be paid by the award debtor to the petitioner within a week, either by
banker's cheque or RTGS.
It is made clear that the occupational charges per month on and from
July, 2025 shall be paid to the petitioner within 15 th day of each succeeding
month, till the disposal of the application under Section 34 of the Arbitration
and Conciliation Act, 1996. In case of default, the execution case shall proceed.
IA GA 1 of 2024 is disposed of accordingly
AP 1636 of 2015 be listed on 8th July, 2025 at 3 P.M.
(SHAMPA SARKAR, J.)
TR/
