Coal India Ltd. Vs Apeejay House Pvt. Ltd. — Calcutta HC (2024) — LawSathi Research

Coal India Ltd. Vs Apeejay House Pvt. Ltd. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay in filing the appeal (IA No.GA/1/2024 allowed); the learned Single Judge's determination of mesne profits affirmed; no order as to costs.

Issue for consideration

Whether the determination of mesne profits made by the learned Single Judge for the premises (Rs.85 per month per square feet for carpet area, with 8% per annum interest and 15% increase after three years, February 2006 till September 2013) was sustainable, given the distinguishing features of the present premises vis-a-vis other floors of the building.

Court's answer

Since the determination under challenge related to the second floor of the same building with the same facilities, and in view of the Co-ordinate Bench's decision in Punjab National Bank v. Apeejay House Private Limited, the Division Bench followed that decision and affirmed the order passed by the learned Single Judge determining mesne profits.

Ratio / Principle

The delay in filing the appeal was condoned and the application for condonation of delay, IA No.GA/1/2024, was allowed.

Key takeaways

The appeal failed and the application for stay, GA/2/2024, stood disposed of.ratio¶20
No order as to costs was made.ratio¶21

Detailed headnote1 paragraphs

High Court at Calcutta (Division Bench: Soumen Sen and Apurba Sinha Ray, JJ.), APDT/19/2024 with CS/72/2006, decided 4 November 2024. Coal India Ltd assailed the learned Single Judge's order determining mesne profits at Rs.85 per month per square feet for carpet area, with interest at 8% per annum and a 15% increase after three years, for February 2006 till September 2013. Delay in filing the appeal was condoned (IA No.GA/1/2024 allowed). Noting that the Co-ordinate Bench in Punjab National Bank v. Apeejay House Private Limited (2021 SCC Online Cal 1421) had determined mesne profits for the fourth floor of the same building at Rs.91 per square feet per month for 2008-2010, relying on the learned Single Judge's order of 8 June 2015 in respect of another tenant, and that the present determination related to the second floor of the same building with the same facilities, the Division Bench followed the Punjab National Bank decision and affirmed the learned Single Judge's order. The appeal failed; GA/2/2024 (stay) stood disposed of; no order as to costs.

O-23

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE

APDT/19/2024 WITH CS/72/2006 IA NO: GA/1/2024, GA/2/2024

COAL INDIA LTD

VS

APEEJAY HOUSE PVT LTD P BASU AND CO.

BEFORE: The Hon'ble JUSTICE SOUMEN SEN AND

The Hon'ble JUSTICE APURBA SINHA RAY Date : 4^th November, 2024.

Appearance: Mr. Pradip Kumar Dutt, Sr. Adv. Mr. Abir Debnath, Adv. Mr. P. Bose, Adv. …for the appellant.

Mr. Abhrajit Mitra, Sr. Adv. Mr. Sanjiv Kumar Trivedi, Adv. Mr. Aritra Basu, Adv. Ms. Iran Hassan, Adv. Mr. Sanket Sawargi, Adv. Mr. Himanshu Bhawsingka, Adv. Mr. Dipak Verma, Adv. …for the respondent.

The Court : By consent of the parties, the appeal and the applications are taken up together and disposed of by this common order.

The delay in filing the appeal is condoned and, accordingly, the application for condonation of delay being IA No.GA/1/2024 is allowed.

The appellant has assailed the order passed by the learned Single Judge in a proceeding for determination of mesne profits in which the learned Single Judge on

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consideration of the evidence on record determined mesne profits at the rate of Rs.85/- per month per square feet for carpet area along with interest at the rate of 8% per annum with 15% increase with the mesne profits after three years from the month of February, 2006 till the month of September, 2013.

Mr. Pradip Kumar Dutt, learned Senior Counsel appearing on behalf of the appellant has submitted that the learned Single Judge has failed to consider the report of the referee in connection with another floor and also erred in relying upon orders in respect of different floors overlooking features that distinguished the present case from the other, if such distinguishing facts were taken into consideration, the amount determined towards mesne profits by the learned Single Judge is not sustainable. However, it has been fairly submitted by Mr. Dutt that in Punjab National Bank –versus- Apeejay House Private Limited reported in 2021 SCC Online Cal 1421, the Co-ordinate Bench has determined mesne profits in respect of fourth floor of the same building at Rs.91/- per square feet per month for the period 2008-2010 relying upon the order passed by the learned Single Judge on 8^th June, 2015 in respect of another lessee/tenant in same premises.

Mr. Abhrajit Mitra, learned Senior Counsel appearing on behalf of the decreeholder has submitted that the determination of the mesne profits of Rs.91/- per square feet, was more or less consistent with orders passed in respect of other floors including the order dated 8^th June, 2015. Mr. Mitra has submitted that the decreeholder has accepted the finding of the learned Single Judge notwithstanding the fact that it was less than what was decided in respect of other floors upheld by the Coordinate Bench in Punjab National Bank (supra) with a view to put an end to the litigation.

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In view of the order passed in Punjab National Bank (supra) and taking into consideration that the determination of mesne profits was in respect of fourth floor of the building and the present determination relates to second floor of the same building with same facilities, we are inclined to follow the decision in Punjab National Bank (supra) and affirm the order passed by the learned Single Judge.

Accordingly, the appeal fails. The application for stay being GA/2/2024 also stands disposed of.

However, there shall be no order as to costs.

[SOUMEN SEN, J.]

[APURBA SINHA RAY, J.]

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