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Calcutta High Court (Appellete Side)

M/S. Clyde Stores Pvt. Ltd vs Sri Arun Kumar Gupta And Ors on 5 December, 2024

  AD-38
Ct No.16
05.12.2024
 (SSS)


                                  SA 82 of 2024
                                      With
                                  CAN 1 of 2024

                           M/s. Clyde Stores Pvt. Ltd.
                                      Vs.
                        Sri Arun Kumar Gupta and Ors.



             Mr. Suman Kumar Dutt,
             Mr. Sarosis Dasgupta,
             Mr. Subhra Das,
             Mr. Sakabda Roy,
             Ms. S. Mukherjee, Advs.

                                      .....For the Appellant.

             Mr. Sounak Bhattacharya,
             Mr. Souvik Das,
             Mr. Rudranil Das,
             Mr. Souvik Mondal,
             Mr. Anirban Saha Roy,
             Mr. Abhirup Halder, Advs.
                                  ....For the Respondents.

1. The present Second Appeal will be heard on the following substantial questions of law:

(i) Whether the learned Judge of the first appellate court misconstrued the remand order dated August 26, 2016 passed in FMA 1435 of 2014 as a limited remand only on the question of the alternative accommodation at 10/C, Janaki Shah Road whereas, by the said judgment, an order of open remand was passed by setting aside the previous judgment of the first appellate court as a whole and directing the first appellate court to dispose of the appeal in its entirety afresh as per law.

(ii) Whether the learned Courts below erroneously construed the purported requirement of the landlord to be "reasonable" within the contemplation of the West Bengal Premises Tenancy Act, 1997 in the absence of any specifics being furnished by the landlord as to the nature of such requirement.

2. CAN 1 of 2024 is now taken up for hearing. There shall be stay of all further proceedings in Ejectment Execution Case No. 159 of 2011 pending before the learned Judge, Fifth Bench, Presidency Small Causes Court, Calcutta till disposal of the present application. It is, however, made clear that the question of imposition of occupation charges as a condition of further extension of the stay is kept open for being decided at the final hearing of the application. The respondent/Opposite Parties shall file their affidavit-in- opposition within December 24, 2024. Reply, if any shall be filed by January 10, 2025. The stay application shall be listed before the appropriate Bench having determination on January 13, 2025, subject to the convenience of the said Bench.

(Sabyasachi Bhattacharyya, J.) (Gaurang Kanth, J.)