Hearing concluded on : 11/08/2025 Judgment on : 11/08/2025 Sugato Majumdar, J.:

GA/3/2021 was filed by the plaintiff under Chapter XIIIA of the Original Side Rules praying for summary judgment.

The defendant is a company within the meaning of the Companies Act, 1913 .

The plaintiff and the defendant had a lease agreement in respect of the Flat No. 13, Harrington Manson, 8, Ho Chi Minh Sarani, first floor, Kolkata-16. The lease agreement was executed on 07/08/2019 for a period of 6 years with effect from 01/09/2019 till September 10, 2025. Monthly lease rent was to be increased by 15 per cent on expiry of three years from the date of commencement. This apart, a sum of Rs.75,000/- was payable on account of service charges in terms of service agreement dated 09/08/2019 with 15 per cent enhancement on expiry of the third year.

The defendant failed to pay rent and service charges from the month of January, 2020 to June, 2020, as a result of which a notice to quit was served under Section 106 of the Transfer of Property Act, 1882 terminating the tenancy.

Thereafter, the instant suit was filed praying for recovery of possession.

Co-ordinate Bench of this Court in terms of Order dated 27^th S