I.P.MUKERJI, J. - (1.) KOLKATA T.V. is a fairly popular Bengali news television channel. It is run by a company, R.P. Techvision (I) Pvt. Ltd. This company operates from an area of about 10,000 sq. ft. in a premises numbered as 119, Park Street, Kolkata - 16. The building is called "White House". The owner of the property is Calcutta Business Centre. How R.P. Techvision came to occupy this 10,000 sq. ft. area is quite important. Another company Xenitis Info Tech Ltd. occupied this area on or from 1st December, 2005, as a licensee of Calcutta Business Centre. The licence agreement was dated 12th December, 2005 with effect from 1st December, 2005. The licence fee was Rs.6,14,000/ - per month.
(2.) ON 21st March, 2006 Xenitis wrote to Calcutta Business Centre to allow SST Media Pvt. Ltd., their sister concern, to carry on the same business from the property. By their reply of the same date Kolkata Business Centre agreed. However, Calcutta Business Centre made it plain that SST Media Pvt. Ltd. would not be treated as a sub -lessee and that the terms and conditions of the above agreement would remain the same. It appears that Xenitis was unable to pay the licence fees. Arrears accumulated. By a letter dated 22nd Augutst, 2007 Calcutta Business Centre proposed to Xenitis that SST Media Pvt. Ltd. be recognized as the licensee, transferring their security deposit of Rs.36,86,000/ - to the credit of SST Media. There was no reply to this letter. The default in payment of licence fees, apparently continued. On 9th October, 2007 Kolkata Business Centre issued a letter terminating the licence agreement with Xenitis and asking them to handover vacant possession of the property to them before the expiry of 31st December, 2007. It is alleged that Xenitis issued a letter dated 8th October, 2007 received by Kolkata Business Centre after 9th October, 2007 consenting to transfer of the licence agreement in favour of SST Media. By their letter of 29th December, 2007, Xenitis stated that it should be presumed that they handed over possession of the property to Kolkata Business Centre "with the expiry of the 30th day of June, 2007 or 31st December, 2007 which date suits you". According to Xenitis SST Media was being recognised as a direct licence since July, 2007. The contention of Calcutta Business Centre is that upon termination of the leave and licence agreement of Xenitis SST Media became a trespasser and that they were unable to obtain vacant possession of the property from them. But according to R.P. Techvision, about which I will state later, since Xenitis had given consent to SST media becoming a licensee before the letter of termination, SST Media had become a licensee under Kolkata Business Centre. The possession of the property could not be obtained by Calcutta Business Centre after 31st December, 2007. Xenitis had moved out. SST Media Pvt. Ltd. continued to be in possession. In any event the licence agreement expired on 30th November, 2008, by efflux of time.
(3.) IN February/March 2008 a suit was filed in this Court (C.S. 74 of 2008) accompanied by two applications (G. A. 2042 of 2008 under Chapter XIII A of the Original Side Rules and G.A. No. 1200 of 2008) by Calcutta Business Centre against Xenitis and SST Media for summary judgment and for various other reliefs. Certain interim orders were passed including accepting the proposal of SST Media to pay a sum of Rs.6,14,000/ - per month as occupation charges to Calcutta Business Centre without prejudice to the rights and contentions of the parties. Meanwhile on an application under Section 433, 434 and 439 of the Companies Act, 1956 instituted in this Court against SST Media by a creditor, on 21st May, 2009, the company was directed to wound up. At or about this time, another entity entered the field. Its name was R.P. Techvision (I) Pvt. Ltd. It appears that in or about September, 2009 the employees of the SST Media took out an application under Section 466 of the Companies Act 1956 (C.A. No. 651 of 2009) to bring R.P. Techvision to revive the company in liquidation on the basis, of a scheme to be presented before the Court. On 1st September, 2009 this Court stayed the winding up.;