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2025 Supreme(Online)(Cal) 4728

IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY, J
APEJAY HOUSE PVT. LTD. – Appellant
Versus
COAL INDIA LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Aritra Basu, Adv., Mr. Sanket Sarawgi, Adv.
For the Respondents: Mr. Pradip Kumar Dutta, Sr. Adv., Mr. Abir Debnath, Adv., Mr. Pradipta Bose, Adv.

Biswaroop Chowdhury, J.: This is an application for Execution of the Decree passed on October 6, 2023 and corrected by Order dated December 13, 2023 read with order dated December 15, 2023 passed by a Learned Co- ordinate Bench of this Court in C.S. No. 72 of 2006.

It is the contention of the Decree holder that the decree-holder filed the present suit being CS. No. 72 of 2006 inter-alia praying for the following reliefs:

a) Decree for peaceful vacant possession of the tenanted portion of the second floor of the premises No. 15 Park Street Kolkata-700016 more fully described in Annexure ‘A’.

b) Decree for Rs. 6, 99, 917/- on account of mesne profits;

c) Decree for further mesne profit @ Rs. 75 per squere feet per month on and from 21st March 2006 till recovery of possession along with interest @ 12% p.a;

d) Alternatively an enquiry into mesne profit and decree for such sum and at such rate as may be found due upon enquiry;

e) Interim interest and interest upon judgment @ 12% p.a.;

f) Receiver.

g) Injunction.

h) Costs;

i) Such further and/or other reliefs.

2) The Decree holder in the said suit applied for a summary decree by filing an application under chapter XIII A of the Original Side Rules

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