INFINITY INFOTECH PARKS LIMITED Vs. SHIVA JUTE MILLS PRIVATE LIMITED
SUPREME COURT OF INDIA
Infinity Infotech Parks Limited
Shiva Jute Mills Private Limited
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DEEPAK GUPTA,J. -
(1.)This petition is directed against the order passed by the High Court of Calcutta dated 31.07.2019 in C.O. No.541 of 2019
whereby it allowed the petition of the respondent no. 1 herein
and directed the petitioner herein to restore the electricity of the
property occupied by the respondent no.1 herein.
(2.)The grievance of the petitioner is that the respondent no. 1 who is occupying the 16th floor of the building in question
comprising about 29,445 sq. ft., has not paid a single rupee on
account of lease rent, maintenance charges, electricity charges
and other charges and, therefore, the order directing restoration
of electricity without requiring the tenantsub lessee to pay the
requisite charges is totally without jurisdiction.
(3.)We are only referring to the facts which are necessary for decision of this case and our discussion is restricted to passing
an equitable order. The facts, shorn of unnecessary details, are
that the petitioner Infinity Infotech Parks Limited is a lessee in
the building known as INFINITY BENCHMARK, Bidhannagar, in
the District of North 24Parganas, Kolkata. The 16 th floor of the
said building was divided into 3 offices. The entire 16 th floor
along with 5 car parking spaces was subleased by the petitioner
in favour of the respondent no. 2 M/s. Pearl Studios Pvt. Ltd.,
which in turn subleased the entire premises in favour of
respondent no. 1 vide lease deed dated 01.02.2012 and the
admitted case of the parties is that from 01.02.2012, the
respondent no. 1 is in occupation of the property. The claim of
the petitioner is that it is entitled to Rs.7,29,240/ on account of
lease rent up to 02.12.2019.
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