OCD-8, 9 & 10
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
WITH
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
WITH
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 : February 10, 2026.
Appearance:
Mr. Debajyoti Basu, Sr. Adv.
Mr. Diptomoy Talukder, Adv.
Mr. D. Ghosh, Adv.
Mr. Triptimoy Talukder, Adv.
... for the plaintiff
Ms. Sormi Dutta, Adv.
... for the defendant
The Court: The plaintiff is the landlord and the defendant is the
tenant who is running a school from the demised premises. Peter Koshi, a
2
representative of the defendant is present in Court. On query raised by this
Court, Ms. Sormi Dutta, learned advocate appearing for the defendant after
obtaining instructions from her client present in Court submits that around
three hundred students are there in the school and the monthly fees being
paid around Rs. 2000/-(Rupees Two Thousand Only) per month by each
of the students. It is also submitted that there are many students who do
not pay fees in the school.
The instant suit is for eviction and the consequential money claim
qua the alleged illegal occupation.
The orders dated October 3, 2023, December 4, 2023 and
December 6, 2023 speak for themselves. In substance, these orders speak
that at the rate of Rs. 25,000/-(Rupees Twenty Five Thousand Only) per
month, an occupational charges would have to be paid by the defendant for
both pre and post-suit period.
The order dated February 2, 2026 passed by this Court says that
the plaintiff was directed to prepare and hand over this Court a chart
showing total payment allegedly claiming to be outstanding from the
defendant. The defendant was also directed to produce documents showing
the last payment made to the plaintiff/landlord.
Pursuant to the said direction, the plaintiff today has placed a chart
containing a calculation which is submitted before this Court and is taken
on record. Copy has been served upon Ms. Sormi Dutta, learned advocate
appearing for the defendant. The said calculation shows that the amount at
the rate of Rs. 25,000/-(Rupees Twenty Five Thousand Only) per month
GA/3/2023, GA/4/2023, GA/5/2023
CS-COM/337/2024
[Old No. CS/4/2022]
A.R., J.
during the period from January, 2020 till August, 2023 aggregating to a
sum of Rs. 5,00,000/-( Rupees Five Lakh Only) is now due and payable by
the defendant pursuant to the previous directions of this Court. None of the
said previous orders were carried into appeal by the defendant. Thus, the
orders have attained their finality. The Co-ordinate Bench had directed to
pay the entire sum, as stated above, by way of 25 (twenty five)
installments but none of the installments has been paid.
In addition to the above, the current rate at the rate of Rs. 25,000/-
(Rupees Twenty Five Thousand Only) per month since November, 2025
till January 31, 2026 is also due and payable aggregating to a sum of Rs.
75,000/-(Seventy Five Thousand Only).
Ms. Sormi Dutta, learned advocate appearing for the defendant
submits that the defendant has already paid in excess. She submits that if
the calculation is taken at the rate of Rs. 25,000/-(Rupees Twenty Five
Thousand Only) per month, then the aggregate sum would have to be Rs.
9,00,000/- (Rupees Nine Lakh Only) by way of arrear occupational
charges and the defendant has already paid Rs. 15,61,000/- allegedly. In
November 25, 2025, the defendant has paid Rs. 60,000/(Rupees Sixty
Thousand Only). The excess payments which needs to be adjusted against
the current occupational charges for the month of December, 2025 and
January, 2026. The defendant has paid Rs. 14,000/- on January 30,
2026 as current occupational charges.
The plaintiff submits that the plaintiff has not accepted the said
payment allegedly tendered on January 30, 2026.
GA/3/2023, GA/4/2023, GA/5/2023
CS-COM/337/2024
[Old No. CS/4/2022]
A.R., J.
After considering the submissions made on behalf of the parties and
on perusal of the materials on record and the orders passed from time to
time, it appears to this Court that admittedly the defendant is occupying the
premises and running a school therefrom and exploiting the premises for its
earning. The defendant has also challenged the contention that running of a
school is not a commercial purpose. The challenge is pending.
Be that as it may, the law is well-settled that the occupier of a
premises after the lease or tenancy stands expired, must pay the
occupational charges. The defendant must also show its bona fide in the
facts of this case.
The claims and rival claims of the parties, as recorded above, shall be
gone into at the time of trial of the suit. This Court is prima facie satisfied
that the defendant is required to make payment of occupational charges in
terms of the direction/s made by the Co-ordinate Bench of this Court, as
recorded above.
Accordingly, the defendant shall deposit a sum of Rs. 5,75,000/-
positively within a week from date with the Registrar, Original Side
without prejudice to its rights and contentions in the suit.
In the event the deposit is made, the Registrar, Original Side shall
invest the sum in an interest bearing account with any nationalized Bank of
his/ her choice and shall file a report before this Court on the next date.
The defendant by way of an affidavit shall also disclose last One
Year Financial Bank Statements in respect of its each bank account. The
affidavit shall be filed within a week from date.
GA/3/2023, GA/4/2023, GA/5/2023
CS-COM/337/2024
[Old No. CS/4/2022]
A.R., J.
Copy of the affidavit shall be served upon the learned advocate on
record for the plaintiff.
The copy of a forwarding letter written by the defendant to the
learned advocate on record for the plaintiff dated January 30, 2026 along
with the evidence of the alleged last payment made by the defendant is
taken on record.
All these applications being IA NO. GA/3/2023, IA NO. GA/4/2023
and IA NO. GA/5/2023 shall appear under the heading "Chamber
Applications for Final Disposal" on February 19, 2026.
(ANIRUDDHA ROY, J.)
Arsad
GA/3/2023, GA/4/2023, GA/5/2023
CS-COM/337/2024
[Old No. CS/4/2022]
A.R., J.
