INFINITY INFOTECH PARKS LIMITED Vs. SHIVA JUTE MILLS PRIVATE LIMITED
LAWS(SC)-2020-2-11
SUPREME COURT OF INDIA
Decided on February 07,2020

Infinity Infotech Parks Limited Appellant
VERSUS
Shiva Jute Mills Private Limited Respondents

JUDGEMENT

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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