M/S. Ghose Estates vs Debsons Private Limited
2026 Latest Caselaw 1657 Cal/2

Calcutta High Court

M/S. Ghose Estates vs Debsons Private Limited on 9 March, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-7

                        In The High Court at Calcutta
                            Commercial Division
                               Original Side

                          IA NO. GA-COM/6/2026
                            [OLD NO CS/5/2021]
                           In CS-COM/229/2024

                          M/S. GHOSE ESTATES
                                  Vs
                        DEBSONS PRIVATE LIMITED

BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : March 9, 2026.

                                                                   Appearance:
                                                   Mr. Prashant Kr. Singh, Adv.
                                                        Mr. D.N. Mishra, Adv.
                                                             ..for the plaintiff.

                                                    Mr. Mohit Chamaria, Adv.
                                                          ..for the defendant.

        The Court: This is an application filed by the defendant-tenant in a

suit for eviction filed by the plaintiff. The defendant prays for a direction

upon the plaintiff to produce rent receipts for the period mentioned in the

prayer of the application in respect of the office where the plaintiff is

occupying and carrying on its business, situated at 11, Govt. Place (East),

Kolkata-700069. Therefore, the defendant asks the plaintiff to produce rent

receipts in respect of the premises which is not the suit premises.

        Mr. Prashant Kr. Singh, learned advocate appears for the plaintiff.

        Mr. Mohit Chamaria, learned advocate appears for the defendant/

applicant.

        After considering the case made out in the application, it appears to

this Court that the suit for eviction is in respect of 11, Prafulla Sarkar

Street, Kolkata-700072 whereas the defendant has asked the plaintiff to
                                        2

produce rent receipts in respect of 11, Government Place (East) Kolkata-

700069. The determination regarding mesne profit is under adjudication

before the learned Special Referee.

        Considering the application and the submissions made on behalf of

the parties, it appears to this Court that this application is not only

frivolous, vexatious and harassive but also illegal and has been filed in

abuse of the process of Court. The application is such which cannot stand

for a single moment for consideration by wasting valuable time of the Court.

        In view of the above, the application is dismissed with costs assessed

at Rs. 20,000/- to be paid by the defendant in favour of "The Calcutta

High Court Legal Services Committee" positively within two weeks from

date.

        Copy of the money receipt/s showing payment of cost shall be

forwarded to the learned advocate on record for the plaintiff.

        When the suit shall appear next and/or any application in

connection therewith, the plaintiff must draw attention of the Court by

showing this order.

        The time for adjudication of mesne profit by the learned Special

Referee is extended till June 30, 2026, as prayed for by the plaintiff.




                                                       (ANIRUDDHA ROY, J.)

Arsad




                         GA-COM/6/2026
                         CS-COM/229/2024
                         OLDCS/5/2021]
                             A.R., J.