Calcutta High Court
CO/2751/2026 of ARVIND KUMAR JHUNJHUNWALA AND ORS Vs HIGHVIEW APARTMENTS PRIVATE LIMITED AND ORS on 23 September 2026
23.09.2026 Court No.6 BP C.O. 2751 of 2026 Arvind Kumar Jhunjhunwala & Ors. -versus- Highview Apartments Private Limited & Ors. Mr. Ishan Saha Ms. Ishita Roy ..for the petitioners Mr. Utpal Bose, Sr. Advocate Mr. A . Chakraborty Mr. S. Rudra ..for the opposite party no.1 This application
Sl.151
23.09.2026
Court No.6
BP
C.O. 2751 of 2026
Arvind Kumar Jhunjhunwala & Ors.
-versus-
Highview Apartments Private Limited & Ors.
Mr. Ishan Saha
Ms. Ishita Roy
..for the petitioners
Mr. Utpal Bose, Sr. Advocate
Mr. A. Chakraborty
Mr. S. Rudra
..for the opposite party no.1
This
application
under
Article of
the
Constitution of India is at the instance of the defendants and is directed against an order dated 22nd June, 2026
passed by the learned Civil Judge (Senior Division), 2nd Court at Alipore in Title Suit No. 1166 of 2019.
After some argument Mr. Saha, learned advocate appearing for the petitioners submits on instructions that the petitioners are ready and willing to deposit the amount on account of monthly occupation charges @ Rs. 50,000/- before the learned trial judge without prejudice to his rights and contentions in the pending suit.
Mr. Bose, learned senior advocate appearing for the plaintiff/opposite party submits that since the petitioners are in occupation of a lucrative property situated in the heart of the city of Kolkata, the opposite party is entitled to receive the occupation charges.
However, considering the fact that the petitioners have also raised certain issues with regard to the liability
to make payment of occupational charges this Court feels that instead of making payment directly to the opposite party the interest of justice would be sub-served if the petitioners are directed to deposit the amount before the learned trial judge and the opposite party shall be at liberty to apply before the learned trial judge for withdrawal of such amount.
Mr. Saha, learned advocate for the petitioners submits that the petitioners were directed to furnish a lump sum amount as security deposit within the time limit as mentioned in the impugned order. He submits on instructions that the amount incurred on account of maintenance and utility charges is less than Rs.
15,00,000/- and the opposite parties have paid a sum of Rs. 11,95,000/- on account of maintenance and utility bills.
Mr. Bose, learned senior advocate appearing for the opposite party disputes the aforesaid submissions made by Mr. Saha. He submits that more than Rs. 15,00,000/- have been paid by the opposite parties on account of maintenance and utility bills.
Mr. Saha, learned advocate appearing for the petitioners submits that the petitioners are ready and willing to pay a sum of Rs. 11,95,000/- directly to the bank account of the plaintiff/opposite party and prays for some easy instalments.
After hearing the submissions of the learned counsel for the respective parties, C.O. 2751 of 2026
stands disposed of with the following directions;
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1. The petitioners shall deposit the arrear monthly occupational charges at the rate of Rs. 50,000/- per month with effect from the date of the impugned order i.e. 22nd June, 2026 till the month of September, 2026 before the learned trial judge on or before 7th October, 2026. On and from the month of October, 2026 the petitioners shall deposit the monthly occupation charges at the aforesaid rate before the learned trial judge within the seventh day of each succeeding English Calendar Month.
2. Upon deposit being made by the petitioners, the learned trial judge shall invest the said amount(s) in short term interest bearing fixed deposits with any nationalized bank and keep the same renewed from time to time until further orders that may be passed by the learned trial judge.
3. It will be open to the plaintiff/opposite party to file application for withdrawal of the amount deposited on account of occupation charges before the trial judge. If such an application is filed the trial judge shall decide such application after affording an opportunity of hearing to the respective parties.
4. It is, however, made clear that deposit of such occupational charges and withdrawal of the same, if permitted, by the learned trial judge shall be without prejudice to the rights and contentions of the respective parties in the pending suit.
5. The petitioners shall pay the amount of Rs. 6,00,000/- out of Rs. 11,95,000/- on account fo maintenance and utility bills by way of a banker’s cheque/demand draft or through electronic transfer to the bank account of the plaintiff/opposite party on or before October 12, 2026. The balance amount shall be paid in the manner as directed hereinbefore by two equal instalments and the first of such instalment shall be paid on or before November 12, 2026 and the last instalment on or before December 12, 2026.
6. It will be open to the plaintiff/opposite party to take out an appropriate application before the learned trial judge with regard to the disputed amount on account of the security deposit and if such an application is filed, the learned trial judge shall consider such application and pass orders in accordance with law after affording an opportunity of hearing to the respective parties.
7. The defendant nos. 2 and 3/petitioners herein shall be obliged to intimate the learned advocate for the plaintiff/opposite party before the learned trial judge with regard to the deposit made by the petitioners month by month on account of the monthly arrear as well as monthly occupational charges before the trial judge and transfer of the amount to the bank account.
8. The petitioners are directed to pay the monthly maintenance and utility bills to the defendant no.5/opposite party no.3 herein henceforth upon a bill being raised by opposite party no.3 in respect therefor. The petitioners shall be obliged to intimate the opposite parties about the payment of maintenance and utility bills month by month. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Hiranmay Bhattacharyya, J.)