The Roman Catholic Archdiocese Of ... vs Creative Consultants
2026 Latest Caselaw 1482 Cal/2

Calcutta High Court

The Roman Catholic Archdiocese Of ... vs Creative Consultants on 26 February, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-3 & 4

                      In the High Court at Calcutta
                          Commercial Division
                             Original Side
                         IA No. GA-COM/3/2025
                          In CS-COM/793/2024
     THE ROMAN CATHOLIC ARCHDIOCESE OF CALCUTTA AND ORS
                             VS
                   CREATIVE CONSULTANTS
                                  AND
                         IA No. GA-COM/4/2025
                          In CS-COM/793/2024
     THE ROMAN CATHOLIC ARCHDIOCESE OF CALCUTTA AND ORS
                             VS
                   CREATIVE CONSULTANTS
   BEFORE:
   The Hon'ble JUSTICE ANIRUDDHA ROY
   Date : January 26, 2026.
                                                                Appearance:
                                                    Mr. Rishav Karnani, Adv.
                                                     Mr. Sourath Dutta, Adv.
                                                Mr. Sanjay Kumar Baid, Adv.
                                                          ... for the plaintiffs
                                                  Mr. Mainak Bose, Sr. Adv.
                                                 Mr. L. N. Bhattaharjee, Adv.
                                                            Ms. S. Saha, Adv.
                                                        Mr. S. K. Ghosh, Adv.
                                                         ... for the defendant
                      In Re : IA No. GA-COM/3/2025
          The Court : The last Order dated January 14, 2026 speaks for
itself.
          Mr. Mainak Bose, learned Senior Advocate appearing for the
defendant/tenant, on instruction from his client, submitted on the last
day that the defendant has decided to surrender the possession in favour
                                       2
of the plaintiffs/landlords at the earliest. Accordingly, the defendant was
granted liberty to do so.
       Today when the matter has appeared under the heading "For
Settlement", Mr. Mainak Bose, learned Senior Advocate appearing for the
defendant/tenant submits that the tenant has a right under the tenancy
agreement with the landlords to sublet the demised premises. Accordingly,
the tenant has sublet portion of the premises, who is now in possession.
       Mr. Mainak Bose, learned Senior Advocate further submits that the
tenant has in writing requested subletee occupier under it to make over
vacant possession to the landlords.
       The tenant thereafter, by its letter dated February 10, 2026
intimated the learned Advocate on Record for the landlords to take over
possession of the demised premises on the date and time fixed by the
tenant. On such fixed date and time, learned Advocate on Record for the
landlords accompanied by the landlords were present at the premises but
they refused to take physical possession from the tenant, on the plea that
the tenant should have handed over vacant possession of the demised
premises. Since the subletee is in occupation of the demised premises, the
landlords refused to take possession.
       Mr. Rishav Karnani, learned Advocate with Mr. Sourath Dutt,
learned Advocate appearing for the landlords submits that at no point of
time the landlords were aware of creation of any sub-tenancy or subletting
of the demised premises. No notice whatsoever was served upon the
landlords in this regard.
                    IA No. GA-COM/3/2025 and GA-COM/4/2025
                               In CS-COM/793/2024
                                      A.R., J.
        Be that as it may, both the parties are directed to file their
respective affidavits with supportive documents on or before March 18,
2026.

        The matter shall appear under the heading "For Orders" on March
24, 2026.


                     In Re : IA No. GA-COM/4/2025
        Mr. Bose, learned Senior Advocate appearing for the tenant in this
application, on instruction from his client and in view of the subsequent
development, as recorded in today's order passed in GA-COM/3/2025,
prays for withdrawal of this application.
        Accordingly, this application GA-COM/4/2025 stands dismissed
as withdrawn, without any orders as to costs.
                                                      (ANIRUDDHA ROY, J.)
RS
                    IA No. GA-COM/3/2025 and GA-COM/4/2025
                               In CS-COM/793/2024
                                      A.R., J.