Calcutta High Court
CO/806/2026 of SANGEETA AGARWAL AND ANR Vs SANJAY DASGUPTA AND ORS on 20 May 2026
6 sdas C.O. 806 of 2026 (Assigned) Sangeeta Agarwal & Anr. Vs. Sanjay Dasgupta & Ors. Mr. Anuj Singh Ms. Trinisha De Ms. Ritika Dey Mr. Shivam Chaturvedi ….. for the applicants Mr. Saurabh Guhathakurata Mr. Abhratanu Sarkar ….. for the opposite parties no. 1 & 2 Mr.
20.05.2026
sdas
C.O. 806 of 2026
(Assigned)
Sangeeta Agarwal & Anr.
Vs.
Sanjay Dasgupta & Ors.
Mr. Anuj Singh
Ms. Trinisha De
Ms. Ritika Dey
Mr. Shivam Chaturvedi
….. for the applicants
Mr. Saurabh Guhathakurata
Mr. Abhratanu Sarkar
….. for the opposite parties
no. 1 & 2
Mr. Chayan Gupta
Mr. Uday Sharma
….. for the opposite party no. 3
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1. Mr. Guhathakurata, learned Advocate appearing for the opposite parties no. 1 and 2, has taken instructions in this matter. His clients are agreeable to the order, as suggested.
2. Hence, the portion of the order dated December 23, 2025, relating to the payment of the occupation charges of the concerned premises, in excess of Rs.91,00,000/-, by the applicants herein, is kept in abeyance.
3. Learned Civil Judge (Senior Division), 9th Court, Alipore, South 24 Parganas, is directed to hear out the application under Order 1 Rule 10, made by the applicants by June 30, 2026, without granting any unnecessary adjournment to the parties. It is made clear that the amount will be kept in abeyance till the application is heard out and finally decided.
4. Learned court will be at liberty to pass a final order of this issue regarding payment along with the application under Order 1 Rule 10.
5. Mr. Gupta, learned Advocate appearing for the opposite party no. 3, submits that his client wants to hand back the possession to the opposite party nos. 1 and 2 herein and that they are also carrying the keys. However, an application to such effect is pending before the learned court below.
6. Learned court is directed to take up such application and pass necessary/appropriate decree regarding handing back of the possession, by the opposite party no. 3 to the opposite party nos. 1 and 2, by June 30, 2026. This to ensure that the opposite party no. 3 does not suffer any further on account of occupational charges since the opposite party nos. 1 and 2 are willing to take back possession of the premises.
7. The issue whether the Company will be liable to pay the occupation charges for the month of May, 2026 and June 2026 will also be considered and decided by the learned Court, since the Company is willing to hand over the keys for the premises to the opposite party nos. 1 and 2 in Court today.
8. Since no affidavits have been called for, I make it clear that the allegations contained in the petition are deemed to have been denied.
9. I have not gone into the merit of the order since this order is passed on consent of the parties.
10. With the aforestated direction, the revisional application is disposed of.
11. There shall, however, be no order as to costs.
12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.
(Reetobroto Kumar Mitra, J.)