Calcutta High Court (Appellete Side)
SA-59-2015 on 31 August, 2015
1
(37)
31.08.2015
(p.j.)
S.A. No. 59 of 2015
With
CAN 2550 of 2015
Re : CAN 2550 of 2015
Mr. Sabyasachi Bhattacharyya
Mrs. Shohini Chakraborty
... for the appellants/petitioners
Mr. S.P. Ghose ... for the respondent
In this application although the appellants have prayed for stay of all further proceedings in Ejectment Execution Case No. 5 of 2009 and Ejectment Execution Case No. 9 of 2014, but Mr. Ghosh, learned counsel appearing for the respondent-plaintiff-landlord, submitted that the Ejectment Execution Case No. 9 of 2014 has been dismissed for non prosecution.
The appeal arises out of the judgment of affirmance passed by the lower appellate court and passing the eviction decree against the appellants. Admittedly, the suit property at 62/A/H/43, Satin Sen Sarani, formerly known as Manicktala Main Road is situate in the heart of the city of Kolkata. The suit property is a workshop comprising an area of 1350 square feet approximately. The appellants are carrying on their business from the suit property.
Having considered the pleadings for both the appellants and the respondent and the documents disclosed in this application by both the parties, I am of the opinion that since the suit 2 property is situated at one of the prime business localities of the city of Kolkata and the appellants/petitioners are carrying on their business from the suit property, the appellants should at least deposit Rs. 20,000/- per month with the Registrar General of this Court on account of their occupation charges in respect of the suit property from September 2014 till disposal of the appeal. So far as the arrear occupation charges amounting to Rs. 2,40,000/- for the period from September 2014 till August, 2015 is concerned, the appellants petitioners shall deposit the same by way of six monthly instalments of Rs. 40,000/- each. The first of such monthly instalment of Rs. 40,000/- shall be deposited by the appellants petitioners with the Registrar General of this Court within September 10, 2015 and thereafter the balance instalments shall be paid within the 10th day of each succeeding month. Apart from the arrear occupation charges, the appellants petitioners shall also continue to deposit the monthly occupation charges, at the rate of Rs. 20,000/- per month, from the month of September 2015 with the Registrar General of this Court within the 10th day of each succeeding month.
There shall be an unconditional stay of the Ejectment Execution Case till September 11, 2015. In the event the appellants petitioners continue to deposit the monthly instalments of arrear occupation charges, together with the monthly occupation charges, within the period mentioned above, there shall be an order of stay of Ejectment Execution Case No. 5 of 2009 till the disposal of the appeal. However, it is made clear that in the event there is any default on the part of the appellants petitioners to deposit any of the monthly instalment or the monthly occupation charges within the time period as mentioned above, the interim order of stay of the execution proceeding granted by this order shall stand automatically vacated without any further reference to this Court and the respondent shall be entitled to proceed with the execution proceeding. 3
The Registrar General of this Court after receiving the occupation charges for every six months, shall continue to deposit the same in short term fixed deposit of six months with any nationalized bank.
It is made clear that the aforesaid occupation charges shall be deposited by the appellants petitioners without prejudice to their rights and contentions in the present appeal. The deposit of the occupation charges by the appellants petitioners shall abide by the result of the appeal. The appellants petitioners shall also continue to communicate to the respondent the particulars of the monthly deposit of the occupation charges with the Registrar General of this Court.
With the aforesaid directions, CAN 2550 of 2015 stands disposed of.
Let the appeal appear under the heading 'To Be Mentioned' on September 10, 2015. Certified website copies of the order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J.)