Dismissed¶19

Coal India Ltd. v. Apeejay House Pvt. Ltd.

Calcutta HC4 Nov 2024APDT/20/2024

Case brief

AI extract

What is this about?

Mesne profits determination affirmed; Calcutta High Court Division Bench dismisses Coal India Ltd's appeal against Apeejay House Pvt Ltd; rate of Rs.85/- per sq. ft. per month (carpet area) plus 8% interest and 15% escalation upheld for third floor; Punjab National Bank v. Apeejay House Pvt Ltd, 2021 SCC Online Cal 1421 (fourth floor, Rs.91/- per sq. ft., 2008-2010) followed; comparable-floor reasoning; delay condonation GA/1/2024 allowed; stay GA/2/2024 disposed; no costs; APDT/20/2024 with CS/42/2006; judgment dated 4 November 2024; Soumen Sen and Apurba Sinha Ray, JJ.

What did the court decide?

No relief to the appellant: the learned Single Judge's order determining mesne profits at Rs.85/- per month per square feet is affirmed; delay condonation application GA/1/2024 allowed; stay application GA/2/2024 disposed of; no order as to costs.

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

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the learned Single Judge's determination of mesne profits at Rs.85/- per month per square feet (carpet area) is sustainable, given the appellant's contention that orders relating to different floors of the same building, with distinguishing features, were wrongly relied upon.

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Court's answer

In view of the decision in Punjab National Bank (supra) and considering that that determination related to the fourth floor of the same building while the present determination relates to the third floor with the same facilities, the Court follows Punjab National Bank and affirms the order of the learned Single Judge on mesne profits.

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Ratio / Principle

The Court expressly follows the Co-ordinate Bench decision in Punjab National Bank v. Apeejay House Private Limited (2021 SCC Online Cal 1421) in affirming the mesne profits determination.

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Key takeaways

The appeal fails; the challenge to the learned Single Judge's determination of mesne profits is rejected.ratio¶19

Detailed headnote1 paragraphs

High Court at Calcutta (Division Bench, Soumen Sen and Apurba Sinha Ray, JJ.), 4 November 2024 — Coal India Ltd v. Apeejay House Pvt Ltd (APDT/20/2024 with CS/42/2006): Appeal against the learned Single Judge's determination of mesne profits at Rs.85/- per month per square feet for carpet area, with interest at 8% per annum and 15% increase after three years (February 2006 to September 2013). Delay in filing condoned (GA/1/2024 allowed). Following the Co-ordinate Bench decision in Punjab National Bank v. Apeejay House Private Limited, 2021 SCC Online Cal 1421, where mesne profits for the fourth floor of the same building were fixed at Rs.91/- per square feet per month for 2008-2010 (based on the Single Judge's order dated 8th June, 2015 for another lessee/tenant), the Bench held that the present determination relating to the third floor of the same building with the same facilities stands on the same footing, and affirmed the Single Judge's order. Appeal dismissed; stay application GA/2/2024 disposed of; no order as to costs.

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O-24

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IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE

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APDT/20/2024 WITH CS/42/2006 IA NO: GA/1/2024, GA/2/2024

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COAL INDIA LTD VS

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APEEJAY HOUSE PVT LTD

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BEFORE: The Hon'ble JUSTICE SOUMEN SEN AND

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

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

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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.

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

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

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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.

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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.

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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 third 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.

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

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However, there shall be no order as to costs.

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[SOUMEN SEN, J.]

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[APURBA SINHA RAY, J.]

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s.pal

Coal India Ltd. v. Apeejay House Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Coal India Ltd. v. Apeejay House Pvt. Ltd.

Case brief

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What the court decided

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