Supreme Court - Daily Orders
Rampuria Estates Pvt. Ltd vs M/S Bijay Tractor Spares Pvt. Ltd on 21 May, 2025
Author: Sanjay Karol
Bench: Sanjay Karol
ITEM NO.30 COURT NO.14 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 5702-5703/2025
[Arising out of impugned final judgment and order dated 16-04-2024
in SA No. 313/2005 16-04-2024 in SA No. 316/2005 passed by the High
Court at Calcutta]
RAMPURIA ESTATES PVT. LTD. Petitioner(s)
VERSUS
M/S BIJAY TRACTOR SPARES PVT. LTD. Respondent(s)
FOR ADMISSION and I.R.
Date : 21-05-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KAROL
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
For Petitioner(s) :Ms. Swati Sinha, Adv.
Mr. Savinder Singh, Adv.
Ms. Taruna Ardhendumauli Prasad, AOR
Mr. Vijay Kumar, Adv.
Mr. Parth Awasthi, Adv.
Mr. Anubhav Mehta, Adv.
Ms. Barnali Mukherjee, Adv.
M/S. Fm Associates, AOR
For Respondent(s) :Mr. Soumya Dutta, AOR
Mr. Siddhant Upmanyu, Adv.
Mrs. Indrani Dey, Adv.
Mr. Gurmeet Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Petitioner lays challenge to the judgment dated 16.04.2024 in S.A. No. 313/2005 and S.A. No. 316/2005 titled ‘Rampuria Estates Pvt. Ltd. vs. M/s. Bijay Signature Not Verified Digitally signed by NEETU KHAJURIA Tractor Spares Pvt. Ltd.’ passed by the High Court at Date: 2025.05.24 18:00:28 IST Reason: Calcutta.
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2. We are happy to record that the parties have amicably resolved the dispute, as is evident from the report of the learned Mediator.
3. We place on record our appreciation for the efforts put in by Mr. Mainak Bose, learned Senior Advocate, who had undertaken the process of mediation as a Mediator.
4. As per the report, the parties have settled their dispute. Paragraph No.10 of the Mediation Report reads as under:
“10. By consent of the parties, the next sitting was agreed to be held on 23rd March, 2025 physically in the residence chamber of the Mediator.
The 3rd sitting of mediation was held physically at the residence chamber of the Mediator. The offers made by the Petitioner on the previous sitting held on 8th March, 2025, was revised to a consolidated rent of Rs.53,000/- for the office tenancy and Rs.35,000/- for the godown, which would include basic rent, property tax and maintenance excluding applicable GST, Lease Agreement for a period of three years with a renewal clause for a further period of three years with enhancement of rent @ 15% with effect from 1st April, 2025.
The Respondent made a counter offer of Rs.40,000/- as a consolidated rent for the office SLP(C) No(s). 5702-5703/2025 2 tenancy and Rs.25,000/- towards the godown space.
They agreed to pay the applicable GST in respect of both the tenancies.
After extensively hearing, the Learned Mediator separately held discussions with the parties. The parties once again re-assembled and re-negotiated their offers and counter offers and finally the parties, in the presence of their Learned Advocates and Mediator, agreed on the following:-
i) There would be two separate tenancies in respect of 3350 Sq. Ft. and 1900 Sq. Ft. the subject matter of the two SLP's.
ii) Two separate tenancy agreements would be executed.
iii) The tenancies would come into effect from 1 st of April, 2025.
iv) The Petitioner shall, by 26th March, 2025, would make over draft copies of two separate tenancy agreements to the Learned Counsel for the Respondent. The Respondent's Counsel shall approve the same with changes, if any.
v) The parties shall execute the tenancy agreements and make over a true copy of the same to the Learned Mediator by March 31, 2025.
vi) The consolidated rent for 3350 Sq. Ft. on the SLP(C) No(s). 5702-5703/2025 3 1st Floor of the subject property shall be Rs.40,000/- payable according to the English calendar month in advance on the 7th day of each succeeding month. The consolidated rent shall include basic rent, municipal rates and taxes and maintenance.
vii) The consolidated rent for 1900 Sq. Ft. on the 1st Floor of the subject property shall be Rs.30,000/- payable according to the English calendar month in advance on the 7th day of each succeeding month. The consolidated rent shall include basic rent, municipal rates and taxes and maintenance.
viii) In addition to the consolidated rent, the Respondent/tenant shall be liable to pay the applicable GST on the rent.
ix) Both the tenancies would come into effect on and from 1st April, 2025.
x) The Respondent shall make over all Rent Control Challans with respect to both the tenancies to the Petitioner.
xi) The Petitioner shall be entitled to make appropriate application before the Rent Controller for withdrawal of all arrear rent deposited by the Respondent till March 2025 in respect of both the tenancies.
xii) The Respondent shall cooperate and make over SLP(C) No(s). 5702-5703/2025 4 all necessary documents and if required, sign applications or any pleadings that may be necessary for the purpose of withdrawal of the rent deposits with the Rent Controller.”
5. Parties through their counsel undertake to abide by the said terms. Through their counsel they have been made aware of the consequences of breach thereof.
6. Also parties have graciously agreed to jointly pay a sum of Rs.2,00,000/- (Rupees two lakhs only) to the learned Mediator.
7. We also place on record our appreciation for the assistance rendered by the learned Mediator and the learned counsel appearing for the parties.
8. The impugned judgment is modified to the aforesaid extent.
9. The Special Leave Petitions stand disposed of.
10. Pending application(s), if any, shall stand disposed of.
(NEETU KHAJURIA) (ANU BHALLA)
ASTT. REGISTRAR-CUM-PS COURT MASTER
SLP(C) No(s). 5702-5703/2025
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