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2023 Supreme(Cal) 733

KRISHNA RAO
Jaspal Singh Chandhok – Appellant
Versus
Sandeep Poddar – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Swatarup Banerjee, Mr. Haradhan Banerjee, Ms. Somali Mukhopadhyay, Ms. Tithi Paul.
For the Defendants : Mr. Sakya Sen, Mr. Rohit Banerjee, Mr. Aditya Mondal, Mr. Diptangshu Kar.

JUDGMENT :

(Krishna Rao, J.) :

1. Plaintiffs have filed the instant application under Section 15 of the Commercial Courts Act, 2015 for transfer of suit being C.S. No. 214 of 2010 from this Court to Commercial Division.

2. The plaintiffs has initially filed the suit in the year 2010 under the West Bengal Premises Tenancy Act, 1997 praying for following reliefs :

    “a) A decree for recovery of khas possession of the suit premises being premises No. 5, Prafulla Sarkar Street, (previously known as Sootarkin Street) particulars of which is given in the Schedule by evicting the defendants therefrom;

b) A decree for outstanding rent and interest thereon aggregating to Rs. 2,12,413/-(Rupees Two lacs twelve thousand four hundred thirteen) only;

c) A decree for payment of outstanding Kolkata Municipal Corporation Tax to Rs. 8,01,759/-(Rupees Eight lacs one thousand seven hundred fiftynine) only:

d) A decree for mesne profit @ Rs. 15,000/-per diem for the period from 1st May, 2010 till the date of recovery of khas possession of the suit premises particularized in the schedule given hereunder;

e) A decree for damages amounting to Rs. 25,00,000/-as fully stated in paragraph No. 31 herein;

f) Alt

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