OCD-4
In the High Court at Calcutta
Commercial Division
Original Side
IA No. GA-COM/6/2026
In CS-COM/7/2023
THE ROMAN CATHOLIC ARCHDIOCESE OF CALCUTTA AND ORS
VS
CREATIVE CONSULTANTS
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : March 18, 2026.
Appearance:
Mr. Sourath Dutt, Adv.
Mr. Sanjay Kumar Baid, Adv.
... for the plaintiffs
Mr. Mainak Bose, Sr. Adv.
Ms. Somoshree Saha, Adv.
Mr. S. K. Ghosh, Adv.
... for the defendant
The Court : This is an application filed by the landlord plaintiffs
against the defendant tenant with the following prayers:-
"(a) To pass a decree/judgment upon admission against
the respondent for the payment of the admitted
arrears of rent to the tune of Rs.6,70,440/- payable
for the period between September 2020 to August
2021;
(b) To pass a decree/judgment upon admission against
the respondent for the payment of the admitted
amount of additional consideration to the tune of
Rs.30,000/- payable for the period between
September 2020 to August 2021;
2
(c) To pass an order against the respondent for payment
of occupation charges on account of retaining
possession of the premises after determination of the
lease, at the rate of Rs.25,00,000/- per month on
and from September 2021;
(d) To pass an order against the respondent for forthwith
payment of Rs.13,25,00,000/- on account of
occupational charges for retaining possession of the
premises after determination of the lease, at the rate
of Rs.25,00,000/-, for the period between September
2021 and January 2026;
(e) To pass a decree/judgment upon admission against
the respondent for the payment of the admitted
amount of Rs.13,93,413.50 on account of failure to
make payment of taxes owed to Kolkata Municipal
Corporation;
(f) Ad-interim orders in term of the prayer above;
(g) Interest;
(h) Costs;
(i) Any or other such relief as the court may deem fit."
The plaintiffs being the landlord had demised a portion of premises
No. 15, Saheed Nityananda Saha Sarani, Kolkata - 700001, formerly
known as 15, Portuguese Church Street, Kolkata - 700001 (for short
"the premises") in favour of the defendant by virtue of a lease deed dated
November 20, 2009 for a period of 21 years under the terms and
conditions mentioned therein. The portion of the demised premises has
also been shown in the lease deed. The lease will expire sometime in
2030.
IA No. GA-COM/6/2026
In CS-COM/7/2023
A.R., J.
In the meanwhile, the landlord plaintiffs served a notice to quit
dated May 1, 2021 at page 41 to the application under Section 111 of
the Transfer of Property Act, 1882.
Relying upon the stand taken by the defendant in paragraph 22 to
the written statement, the plaintiffs state that the defendant has
specifically admitted that it had paid rent for the demised premises till
August, 2020.
In this regard Mr. Sourath Dutt, learned Advocate appearing for
the plaintiffs has placed reliance on paragraph 19 from the application.
The last rent paid along with other incidental charges, if any,
according to Mr. Dutt, is aggregating to a total sum of Rs.61,163/-, out of
which the rent for a sum of Rs.55,870/- as would be evident from the
document dated July 10, 2022 at page 58 to the application. In addition
there was a lease rental for additional area for a sum of Rs.2500/- per
month.
Mr. Mainak Bose, learned Senior Advocate appearing for the tenant
defendant submits that demised premises has not been maintained by the
landlord. The defendant has not been able to utilize the whole of the
demised premises, the car parking space has been used by the landlord.
Mr. Sourath Dutt, learned Advocate appearing for the plaintiffs
denied and disputed this submission.
After considering the rival contentions of the parties and on
perusal of the materials on record, it appears to this Court that the fact
remains, the defendant is still in possession and occupation of the entire
IA No. GA-COM/6/2026
In CS-COM/7/2023
A.R., J.
demised premises which was demised to it under the said lease deed
dated November 20, 2009.
The law is well settled that so long the tenant remains in
possession and does not surrender the possession of the demised
premises, the tenant/lessee has to pay the occupational charges pending
the eviction suit.
Accordingly, without prejudice to its rights and contentions, the
defendant shall pay the occupational charges being the last paid rent
along with other incidental charges, if any, paid in terms of the said lease
agreement dated November 20, 2009 to the plaintiffs. The arrears on this
score since September 2021 till March 31, 2026 shall be paid by the
defendant in equal five installments which shall commence from June 1,
2026 and shall be paid thereafter on the first day of every English
calendar month.
The defendant shall further go on continuing to pay the current
occupational charges on and from April 1, 2026 on the date payable of
every English calendar month, as agreed under the lease agreement by
and between the parties. There shall be no default.
In the event of default, the plaintiffs shall be at liberty to mention
the matter upon notice to the defendant.
Considering the reliefs claimed in this application, the
defendant/respondent shall file its affidavit in opposition on or before
April 30, 2026.
Affidavit in reply, if any, thereto shall be filed by June 17, 2026.
IA No. GA-COM/6/2026
In CS-COM/7/2023
A.R., J.
The matter shall appear under the heading "Adjourned Motion" in
the monthly list of July, 2026.
(ANIRUDDHA ROY, J.)
RS
IA No. GA-COM/6/2026
In CS-COM/7/2023
A.R., J.
