IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present:

The Hon’ble Justice Sugato Majumdar CS/317/2003 THE CALCUTTA GUJARATI EDUCATION SOCIETY & ANR.

VS BUDGE BUDGE COMPANY LTD For the Plaintiffs : Ms. Noelle Banerjee, Adv.

Mr. Prithwish Roy Chowdhury, Adv.

Mr. Dipak Dey, Adv.

For the Defendant : Mr. Moloy Kumar Ghosh, Sr. Adv.

Mr. Sakya Sen, Adv.

Ms. Nilanjana Adhya, Adv.

Mr. Atish Ghosh, Adv. Mr. Tanmoy Sett, Adv.

Ms. Antara Dey, Adv.

Hearing concluded on : 20/11/2024 Judgment on : 13/12/2024 Sugato Majumdar, J.:

This is a suit for eviction and recovery of possession, and mesne profit.

The sum and substance of the plaint case is as follows:-

i) The Plaintiff no. 1 is a society registered under the West Bengal Society Registration Act, 1860 having its registered office at 29, Pollock Street, Kolkata – 700001. The Plaintiff no. 2 is the Secretary of the Plaintiff no. 1. The Defendant is a company registered under the Companies‘ Act, 1956 having its registered officer at 16A, Brabourne Road, Kolkata – 700001.

ii) In terms of an agreement dated 29.10.1973, the entire 9^th floor of the building standing on 16A, Brabourne Road, Kolkata – 700001 (also known as Bipla