OD- 2 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No. 1 of 2025 In C.S. No. 11 of 2025 CELICA COMMERCE PVT. LTD.

Vs.

LIAO FENG CHI & ORS.

BEFORE :

The Hon’ble JUSTICE KRISHNA RAO Hearing Concluded On : 13.03.2025 Order On : 19.03.2025 Appearance:

Mr. Samrat Sen, Sr. Adv.

Mr. Swatarup Banerjee, Adv.

Mr. Shounak Mukhopadhya, Adv Ms. Shrayashee Das, Adv.

Mr. Rohan Kumar Thakur, Adv Mr. Tridibesh Dasgupta, Adv ... for the plaintiff.

Mr. Arik Banerjee, Adv.

Ms. Debjani Sengupta, Adv.

Mr. Rajib Mullick, Adv.

Mr. Biswaroop Ghosh, Adv.

Mrs. S. Chakraborty, Adv.

…for the defendant nos. 1 & 2.

Mr. Rajashree Dutta, Adv.

Ms. Pooja Sah, Adv.

Mr. Pratik Dutta, Adv.

…for the respondent no.3.

ORDER

1. The plaintiff has filed the present application being G.A. No.1 of 2025 praying for ad-interim injunction. Learned Counsel for the defendants have also appeared and copies of the application along with documents were served upon the defendants.

2. The plaintiff is the owner of the 4,645 square feet being the portion of the fifth floor of the multi storied building known as “Park Centre” situated at premises No. 24, Park Street, Kolkata - 700016.

3. As per request of the defendant no.3, the plaintiff and the defendant no.3 entered into a registered Deed of Lease on 4th July, 2023 for a period of nine (9) years commencing from 4th July, 2023 to 3rd July, 2032 for a monthly rent of Rs. 5,50,000/- per month and the same would increase at the rate of 5% per annum every year.

4. In addition to the Deed of Lease, the defendant no.3 also entered into a “Maintenance and Management Agreement” with one Solvex Properties and Services Private Limited for the purpose of maintenance of the suit property. At the time of entering into the Deed of Lease, the defendant no.3 was represented by one Seok Jung and one Prasanta Khanra and they were the only persons in control of management, administration and affairs of the defendant no.3.

5. On execution of the Deed of Lease, the plaintiff has handed over the possession of the premises to the defendant no. 3 on 4th July, 2023 and defendant no.3 has commenced business of running its restaurant-bar under the name and style of “Seoul Story”. On 30th July, 2024, the defendant no.3 by an e-mail informed the plaintiff that the defendant no.3 is unable to run the business and intending to surrender the lease. On receipt of such information, the plaintiff by an email dated 2nd August, 2024, requested the defendant no.3 to meet the plaintiff to settle the outstanding dues and to finalize the process for handing over the possession of the suit property.

6. In the meeting held on 6th August, 2024, the plaintiff, representative of the defendant no.3, namely Seok Jung, defendant no.2 and one Nilanjan Banerjee attended the meeting. On being asked by the plaintiff, the defendant no.3 informed the plaintiff that the defendant no.2 and the defendant no.1 are the financiers of the defendant no.3 and defendant no.3 availed financial assistance from the defendant nos.1 and 2.

7. The plaintiff then allowed the defendant no.2 to attend the meeting as per the request of Shri Seok Jung. In the meeting, the defendant no.3 assured the plaintiff that the defendant no.3 will clear all the arrears of monthly rents and electric charges at the earliest. On 21st October, 2024, the plaintiff received an email from Seok Jung wherein it was informed to the plaintiff that the defendant nos.1 and 2 have purportedly been appointed as Directors of the defendant no.3 in place and stead of Seok Jung and Prasanta Khanra.

8. On receipt of the said email, the plaintiff immediately called upon the defendant no.3 to share the copies of DIR-12 Forms which are mandatorily required to be submitted with the concerned authorities for such appointments. The defendants failed to furnish such documents. The plaintiff has obtained documents from the official website wherein the plaintiff found that defendant nos.1 and 2 were not appointed as Directors of the