Anwar Hussain vs Mr Muzammil Hussain
2026 Latest Caselaw 508 Cal/2

Calcutta High Court

Anwar Hussain vs Mr Muzammil Hussain on 4 February, 2026

OCD-18
                               ORDER SHEET
                    IN THE HIGH COURT AT CALCUTTA
                             ORIGINAL SIDE
                          (Commercial Division)
                             AP-COM/58/2026
                             ANWAR HUSSAIN
                                  VS
                          MR MUZAMMIL HUSSAIN


  BEFORE:
  The Hon'ble JUSTICE GAURANG KANTH
  Date : 4th February, 2026.

                                                                    Appearance:
                                                         Mr. Arik Banerjee, Adv.
                                                      Mr. Rohit Mukherjee, Adv.
                                                       Mr. Debabrata Das, Adv.
                                                  Mr. Saptarshi Mukherjee, Adv.
                                                       Mr. Pratik Acharjee, Adv.
                                                             ...for the petitioner

                                               Mr. Shyamal Chatterjee, Sr. Adv.
                                                      Mr. Azim Md. Sabir, Adv.
                                                          ...for the respondent

The Court: The petitioner has preferred the present petition under

Section 9 of the Arbitration and Conciliation Act, 1996, seeking, inter alia, a

direction upon the respondent to pay a sum of Rs. 12,03,190/- towards the

alleged outstanding arrears of license fee/occupational charges and further

to pay a sum of Rs. 75,000/- per month as occupational charges. The

petitioner also seeks an order restraining the respondent from encumbering

the premises located at 17, Zakaria Street, P.S. Jorasanko, Kolkata-700073.

It is the case of the petitioner that the petitioner entered into a leave

and license agreement dated 01.06.2022 with the respondent, permitting

the respondent to use and occupy the godown situated on the ground floor

of the premises located at 17, Zakaria Street, P.S. Jorasanko, Kolkata-

700073. The respondent was allowed to use the said godown for a period of

11 months, commencing from the date of execution of the agreement and

expiring on 30.04.2023, at a monthly license fee of Rs. 34,000/-, inclusive of

electricity charges. The respondent also paid a refundable security deposit of

Rs. 5 lakhs.

Learned counsel for the petitioner contends that the respondent

stopped making payment of the license fee, thereby compelling the petitioner

to approach this Court.

Learned Senior Counsel appearing for the Respondent, at the outset,

submits that the present dispute is capable of being resolved amicably

between the parties. Learned Senior Counsel further submits that the

Respondent is ready and willing to vacate the premises in question

forthwith. It is further submitted that, out of the total security deposit of Rs.

5,00,000/- lying with the Petitioner, a sum of Rs. 3,00,000/- shall be

appropriated towards the outstanding dues payable by the Respondent to

the Petitioner, and the balance sum of Rs. 2,00,000/- shall be refunded to

the Respondent upon handing over vacant and peaceful possession of the

premises in question.

Learned Counsel for the petitioner states that he is agreeable to the

said proposal.

The respondent shall forthwith hand over vacant and peaceful

physical possession of the aforesaid premises on or before 06.02.2026.

Let this matter be listed for compliance on 06.02.2026.

(GAURANG KANTH, J.) R.Bhar