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Documents citing Kanak Projects Limited vs Oil And Natural Gas Corporation Limited on 3 February, 2014

Debonair Vanijya Pvt. Ltd vs Eshrat Jahan Also Known As Ishrat Jahan & ... on 5 February, 2024

Such being the position in law, we are unable to agree with the views expressed by the Learned single Judge of this court in Kanak Projects' case that even the learned trial judge can issue direction upon the defendant/ tenant to pay occupational charges at the market rent by way of damages in absence of any provision in law. Even direction for deposit of damages with any officer of the court is not permissible as we have already held above that such direction can only be passed after the issue as to the legality of the possession of the defendant in the suit premises is finally decided in the suit. Though Civil Procedure Code was amended by several states by introducing a new order being Order No XV Rule 5A in the Civil Procedure Code, dealing with striking of defence of the lessee in the suit for eviction filed by lessor, but such provision is absent in our State.'
Calcutta High Court Cites 35 - Cited by 0 - I P Mukerji - Full Document

( K. K. Saha & Co. Pvt. Ltd vs Ashok Agarwal) on 19 February, 2019

Mr. Suman Dutt, learned advocate, assisted by Mr. Shibasish Sengupta, learned advocate, appears on behalf of petitioner in C.O. 3777 of 2016 and submits, the application made by his client was for direction on defendant to pay contractual rent/occupational charges. He submits, unlike provisions in West Bengal Premises Tenancy Act, 1997, provisions in Transfer of Property Act, 1882 do not provide for payment of agreed rent on termination of tenancy 3 by notice issued under section 106 thereof. His client's application should have merited an order in line with view expressed in Kanak Projects Limited vs. Oil and Natural Gas Corporation Ltd. reported in (2014) 2 CHN 405.
Calcutta High Court (Appellete Side) Cites 10 - Cited by 0 - A Sinha - Full Document

Utpal Ghosh vs Sri Manas Kumar Mukherjee on 28 February, 2020

Learned advocate for the opposite party relying upon a decision reported in 2014(2) ICC 349 rendered by Learned Single Judge of a Coordinate Bench of this Court in the case of Kanak Projects vs. Oil and Natural Gas Corporation Ltd. submitted that in a pending suit it was very much within the authority of the learned trial court to grant occupational charges on a provisional estimation subject to the adjudication at the time of final hearing of the suit.
Calcutta High Court (Appellete Side) Cites 6 - Cited by 0 - S Dasgupta - Full Document

M/S. Saj Food Products Private Limited vs Sri Prasanta Sen on 23 July, 2018

In another judgment passed by a different co-ordinate bench, reported at 2016 SCC OnLine Cal 5489 (K. K. Saha and Co. Pvt. Ltd. Vs. Ashok Agarwal), the learned Single Judge differed from the view expressed in Kanak Projects Limited (Supra) and came to the conclusion that the court did not have power to grant mesne profits during pendency of the suit till the issue was finally decided in the suit.
Calcutta High Court (Appellete Side) Cites 4 - Cited by 1 - Full Document

Dilip Kumar Saha vs Panchanan Khatua on 19 July, 2024

If the trial Court finds that there is absolutely no defense that the defendant has to the claim for eviction made by the plaintiff and that eviction would be a matter of course, it can apply the principles in Atma Ram's case for award of interim mesne profits pending passing of the final decree. This is more the need when the case is pending of the final decree. This is more the need when the case is pending for a long time. This is one such case where considering its duration, I would apply the said principle laid down in the case of Atma Ram. The Hon'ble Supreme Court has gone to the extent of saying in this 14 case that the Court has the power of awarding any reasonable compensation for continued use of the property by the defendant."
Calcutta High Court (Appellete Side) Cites 8 - Cited by 0 - Full Document

Md. Ibrahim vs Ahmed Reza & Ors on 1 September, 2023

The Division Bench answered a reference from a Single Bench order disagreeing with the views of another Single Bench in the case of Kanak Projects Limited Vs. Oil and Natural Gas Corporation Ltd. reported in (2014) 2 CHN (Cal) 405 and approved the view taken by the Single Judge in the order dated 6th October, 2016 in K. K. Saha & Co. Pvt. Ltd. Vs. Ashok Agarwal in C. O. 3777 of 2016.
Calcutta High Court (Appellete Side) Cites 3 - Cited by 0 - R Mantha - Full Document
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