Payel Commercial Private Limited vs St. Pauls K. G. And Day School
2026 Latest Caselaw 2799 Cal/2

Calcutta High Court

Payel Commercial Private Limited vs St. Pauls K. G. And Day School on 8 April, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-10 to 12

                   In the High Court at Calcutta
                       Commercial Division
                          Original Side
                        IA No. GA/3/2023
                       [Old No. CS/4/2022]
                      In CS-COM/337/2024
               PAYEL COMMERCIAL PRIVATE LIMITED
                                 VS
                 ST. PAULS K. G. AND DAY SCHOOL
                               AND
                        IA No. GA/4/2023
                       [Old No. CS/4/2022]
                      In CS-COM/337/2024
               PAYEL COMMERCIAL PRIVATE LIMITED
                                 VS
                 ST. PAULS K. G. AND DAY SCHOOL
                               AND
                        IA No. GA/5/2023
                       [Old No. CS/4/2022]
                      In CS-COM/337/2024
               PAYEL COMMERCIAL PRIVATE LIMITED
                                 VS
                 ST. PAULS K. G. AND DAY SCHOOL
  BEFORE:
  The Hon'ble JUSTICE ANIRUDDHA ROY
  Date : April 8, 2026.
                                                           Appearance:
                                           Mr. Debajyoti Basu, Sr. Adv.
                                           Mr. Diptomoy Talukder, Adv.
                                           Mr. Triptimoy Talukder, Adv.
                                           Mr. Abir Bhattacharya, Adv.
                                             Mr. Abhiraj Tarafdar, Adv.
                                                      ... for the plaintiff
                                                   Ms. Sormi Dutta, Adv.
                                                    ... for the defendant
                                      2
        The Court: Mr. Debajyoti Basu, learned Senior Advocate appearing
for the plaintiff submits that as on date no arrear is due and payable by
the defendant/tenant. The current monthly occupational charges for the
month of March, 2026 has fallen due and then with the completion of the
month of April, the defendant/tenant shall have to pay the current
occupational charges continuously in terms of the order dated October
3, 2022 read with orders dated December 4, 2023 and December 6,
2023.
        The defendant/tenant shall continue to pay the same.
        Ms.   Sormi    Dutta,   learned   Advocate     appearing    for   the
defendant/tenant, on instruction from her client, submits that the
occupational charges are being paid from the personal bank account of
Ms. Kimi Koshy and not from the bank account of the defendant/tenant.
        She further submits on instruction that the school maintains only
one bank account with Axis Bank, Shyambazar Branch and no other
bank account is there through which the school runs its day to day
expenses.
        The defendant/school being an assessee under the Income Tax
Act must have a Permanent Account Number.
        Mr. Debajyoti Basu, learned Senior Advocate appearing for the
plaintiff refers to the affidavit in opposition filed by the defendant/tenant
in IA No.GA/5/2023 and submits that the specific stand of the
defendant therein, would appear from paragraph 6 of the affidavit in
opposition which runs as follows:-
                      GA/3/2023, GA/4/2023 & GA/5/2023
                            In CS-COM/337/2024
                                   A.R., J.
                "6. Due    to    the   failure    on    the   part   of   the
                    plaintiff/petitioner to maintain and upkeep the
                    building in proper way, the school has also seen a
                    gradual decline in the number of student since
                    2010. Presently the school function with a skeletal
                    staffs (both teaching and non-teaching staffs) of
                    approximately 50 mnumbers and has only about
                    525 students, as of the academic year 2023-24 out
                    of which approximately 100 students are either
                    studying for free or on concession fees."
        Referring to the said stand of the defendant/tenant, learned
Senior Advocate for the plaintiff submits that it is unbelievable that the
school is running with a sole bank account where the balance is not more
than few hundreds or few thousands. Be that as it may, in the event of
any further default on the part of the defendant/tenant in paying the
continuous occupational charges to the plaintiff, this Court may proceed
for   further   enquiry   with   regard    to    the   bank   accounts    of    the
defendant/tenant.

        Since the installment is due and payable on account of arrears on
May 1, 2026, this matter shall appear under the heading "Chamber
Application for Final Disposal" on May 5, 2026.
                                                        (ANIRUDDHA ROY, J.)
RS
                     GA/3/2023, GA/4/2023 & GA/5/2023
                           In CS-COM/337/2024
                                  A.R., J.