JUDGMENT

Mohan M. Shantanagoudar. J. - Leave granted.

2. This appeal by special leave arises out of judgment dated 24.8.2017 of the Calcutta High Court allowing the 2 nd Respondent's Criminal Revision Petition against order dated 6.9.2010 of the Judicial Magistrate, Alipore and order dated 21.12.2012 of the Additional Sessions Judge, Alipore.

3. The facts giving rise to this appeal are as follows: The appellant is an 'existing' company within the meaning of the Companies Act, 1956 (for short 1956 Act'), which entered into agreement for sale dated 26.4.2008 for purchase of a flat situated on the 3 rd Floor, of Plot-D in Sreekunj, 13, Gurusaday Road, Police Station-Karaya, Kolkata-700019 (hereinafter 'disputed property') with the legal heirs of one late Mr. Arun Kumar Bajoria (hereinafter 'vendors'). Per the terms of the agreement, the vendors would execute and register the deed of conveyance in favour of the appellant upon payment of the entire sale consideration of Rs. 2,02,26,000/-. However in the interim, under Clause 6 of the agreement, the appellant company would be put into possession of the property subject to payment of monthly rent of Rs. 84,275/-. This agreement is not dis