Sundeep Bhutoria and ors. Vs. Wigan and Leigh College (India) Ltd. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1139912
CourtKolkata High Court
Decided OnMay-08-2014
JudgeI. P. MUKERJI
AppellantSundeep Bhutoria and ors.
RespondentWigan and Leigh College (India) Ltd.
Excerpt:
ga no.177 of 2014 cs no.12 of 2014 in the high court at calcutta ordinary original civil jurisdiction original side sundeep bhutoria & ors.versus wigan & leigh college (india) ltd.before: the hon'ble justice i.p.mukerj.date : 8th may, 2014. appearance: mr.mr.mr.mr.mr.jishnu chowdhury, advocate sarbapriya mukherjee, advocate s.banerjee, advocate saumabho ghosh, advocate d.r.basu, advocate mr.mr.mr.mr.mr.sakya sen, advocate p.c.pal chowdhury, advocate saurav chaudhuri, advocate deepak sabharwal, advocate deep narayan mukherjee, advocate mr.d.banerjee, advocate the court: upon hearing learned counsel for the parties, i am able to come to a concrete finding that the defendant vacated the premises in question in early august, 2013. a lot of disputes has been raised on behalf of the defendant with regard to the claim of the plaintiffs for maintenance, electricity, service and repair charges from september, 2012 till vacation of the property by the defendant. it was said that electricity was not provided and there was breach of maintenance and service covenants. those issues, in my opinion, could wait for proper determination after filing of affidavits in this application or at the time of trial of the suit. but it is an admitted position that the defendant has not paid any rent to the plaintiff from september, 2012 onwards. hence, in my opinion, this court is able to hold at this stage, that the defendant is liable to pay rent from september, 2012 to july, 2013 to the plaintiff immediately. such amount is claimed in serial no.1 of paragraph 17 of the application. only a ratable deduction therefrom may be made with regard to the rent for august, 2013 and the rest paid by the defendant to the plaintiff by 31st may, 2014. upon payment of the said amount to the satisfaction of the bank, the order of injunction passed on 24th april, 2014 and 29th april, 2014 will stand vacated. the bank will allow the defendant to make this payment. it will be open for the defendant to advise the bank to transfer the above fund to the plaintiff’s bank account by rtgs. the defendant will also be permitted to deposit money with the bank for the purpose of making this payment. the freezing order is modified to this extent only, before full payment is made. affidavit in opposition is to be filed by 13th june, 2014. list this application on 25th june, 2014. affidavit in reply may be filed in the meantime. certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. g/ (i.p.mukerji, j.)
Judgment:

GA No.177 of 2014 CS No.12 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUNDEEP BHUTORIA & ORS.Versus WIGAN & LEIGH COLLEGE (INDIA) LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th May, 2014.

Appearance: Mr.Mr.Mr.Mr.Mr.Jishnu Chowdhury, Advocate Sarbapriya Mukherjee, Advocate S.Banerjee, Advocate Saumabho Ghosh, Advocate D.R.Basu, Advocate Mr.Mr.Mr.Mr.Mr.Sakya Sen, Advocate P.C.Pal Chowdhury, Advocate Saurav Chaudhuri, Advocate Deepak Sabharwal, Advocate Deep Narayan Mukherjee, Advocate Mr.D.Banerjee, Advocate The Court: Upon hearing learned counsel for the parties, I am able to come to a concrete finding that the defendant vacated the premises in question in early August, 2013.

A lot of disputes has been raised on behalf of the defendant with regard to the claim of the plaintiffs for maintenance, electricity, service and repair charges from September, 2012 till vacation of the property by the defendant.

It was said that electricity was not provided and there was breach of maintenance and service covenants.

Those issues, in my opinion, could wait for proper determination after filing of affidavits in this application or at the time of trial of the suit.

But it is an admitted position that the defendant has not paid any rent to the plaintiff from September, 2012 onwards.

Hence, in my opinion, this Court is able to hold at this stage, that the defendant is liable to pay rent from September, 2012 to July, 2013 to the plaintiff immediately.

Such amount is claimed in Serial No.1 of paragraph 17 of the application.

Only a ratable deduction therefrom may be made with regard to the rent for August, 2013 and the rest paid by the defendant to the plaintiff by 31st May, 2014.

Upon payment of the said amount to the satisfaction of the bank, the order of injunction passed on 24th April, 2014 and 29th April, 2014 will stand vacated.

The bank will allow the defendant to make this payment.

It will be open for the defendant to advise the bank to transfer the above fund to the plaintiff’s bank account by RTGS.

The defendant will also be permitted to deposit money with the bank for the purpose of making this payment.

The freezing order is modified to this extent only, before full payment is made.

Affidavit in opposition is to be filed by 13th June, 2014.

List this application on 25th June, 2014.

Affidavit in reply may be filed in the meantime.

Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

G/ (I.P.MUKERJI, J.)