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2025 Supreme(Online)(SC) 110975
SUPREME COURT OF INDIA
J.B. PARDIWALA, K.V. VISWANATHAN, JJ
RAJ KUMAR GHOSH & ANR. – Appellant
Versus
JYOTI BISWAS & ORS. – Respondent
Petition for Special Leave to Appeal (C) Nos.16152-16197/2022
For the Appellants/Petitioners: Mr. Rohit Das, Adv., Mr. Rishad Ahmed Chowdhury, AOR, Ms. Kishwar Rahman, Adv., Ms. Karishma Maria, Adv., Ms. Sohini Sanyal, Adv.
For the Respondents: Mr. Arup Banerjee, AOR, Mrs. Noelle Dey Banerjee, Adv., Mr. Sidhartha Sharma, Adv., Mr. Rishav Dutt, Adv., Mr. Arjun Asthana, Adv., Mr. Nachiket Chawla, Adv., Ms. Aakanksha Sahni, Adv., Ms. Prachi Sharma, Adv., Mr. Shadan Farasat, Sr. Adv., Ms. Mrinmoi Chatterjee, AOR, Mr. Arkaprava Dass, Adv., Mr. Ritik, Adv.
The Court underscores the obligation of occupants to pay occupational charges as mandated, ensuring compliance while preserving rights in ongoing litigation.
Headnote:This judgment involves a Petition for Special Leave to Appeal concerning multiple orders issued by the High Court regarding occupational charges for premises. The Court affirmed orders regarding the required payments and addressed the issue of dishonored cheque amounts, allowing a grace period for compliance. It emphasized the necessity for parties to meet financial obligations while reiterating their rights regarding ongoing proceedings. The final order mandates that the matter continues to be part heard, with timelines set for future hearings.
| Table of Content |
|---|
| 1. context of hearing and previous appeals recorded. (Para 1 , 2 , 3) |
| 2. details of amounts owed and need for occupancy compliance. (Para 4 , 5 , 6) |
| 3. receiver's authorizations and procedural recommendations. (Para 7 , 8 , 9) |
| 4. determination of deadlines and expectations of occupants. (Para 10 , 11 , 12 , 13 , 14) |
| 5. scheduling of future inquiries and continuation of proceedings. (Para 15 , 16 , 17 , 18) |
ORDER
1. Our order dated 9.12.2025 reads thus:-
“1. Our order dated 27.10.2025 reads thus:
“1. By our order dated 01.09.2025 we had directed all the occupants to pay occupational charges at the rate of Rs.100/- per square feet and deposit the total charges accordingly for the period starting from 2022 till the date of the passing of the order.
2. We had further directed that the occupants shall continue to pay on the basis of the same till the main matter is taken up for hearing and finally disposed of.
3. We had also clarified that in the event of failure to deposit the occupational charges at the rate of Rs.100/- per square feet, we would pass necessary orders to hand- over the vacant and peaceful possession of the premises in question to the Receiver.
4. We had also requested the Receiver to undertake the exercise of calculating the appropriate amount with respect to each of the occupants and inform them the exact amount to be deposited with the Court below.
5. In the last, we had directed the petitioners to pay in all an amount of Rs.12,50,000/- (Rupees Twelve Lakh and Fifty Thousand only) to the Receiver towards her fees and the expenses incurred by her.
6. Today, we also have one interim application filed by the occupants. In the said application, the occupants have prayed to reduce the occupational charges, which we have fixed at the rate of Rs.100/- per square feet.
7. It appears that the cheque of the amount of Rs.12,50,000/- (Rupees Twelve Lakh and Fifty Thousand only) which was handed over by the petitioners to the Receiver as directed by us came to be dishonoured for want of insufficient funds in the account. This is something very disturbing. Mr Ahmadi has today with him a demand draft of the amount of Rs.12,50,000/- (Rupees Twelve Lakh and Fifty Thousand only) to be handed over to the Receiver. Let this demand draft be handed over to the Receiver.
8. For the dishonour of the cheque, we direct the petitioners to pay Rs.1,00,000/- (Rupees one lac only) to the Receiver in addition to the amount of Rs.12,50,000/- (Rupees Twelve Lakh and Fifty Thousand only). This additional amount of Rs.1,00,000/- (Rupees one lac only) shall also be paid by way of demand draft within a period of one week from today to the Receiver.
9. Insofar as the fervent appeal made by the occupants to reduce the occupational charges is concerned, we are not persuaded to accept such an appeal.
10. The Receiver has undertaken an exhaustive and strenuous exercise for the purpose of fixing the liability of each of the occupants at the rate of Rs.100 per square feet in accordance with the area, each of the occupants is occupying in the shops in question. Notices have been issued to all the occupants concerned, asking them to deposit the requisite amount mentioned in the notice. This period of one month has also expired. We could have taken a strict view of the matter and could have asked them to hand over the vacant and peaceful possession of the premises in question to the Receiver. However, we grant one last opportunity to the occupants to abide by and comply with the notices issued by the Receiver and deposit the requisite amount as mentioned in the notice with the court below within a period of one month from today.
11. We make it clear that if any of the occupants fail to deposit the requisite amount, it shall be open for the Receiver to take over the possession of the shop in question with the aid of Police.
12. Today, in the course of hearing the Receiver, who is personally present in the Court, pointed out that there is one particular shop whic
