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2026 Supreme(Online)(SC) 19

SUPREME COURT OF INDIA
J.B. PARDIWALA, K.V. VISWANATHAN, JJ
RAJ KUMAR GHOSH & ANR – Appellant
Versus
JYOTI BISWAS & ORS – Respondent
SLP(C) Nos.16152-16197/2022



Advocates:
For the Appellants/Petitioners: Rishad Ahmed Chowdhury
For the Respondents: Mrinmoi Chatterjee, Noelle Dey Banerjee, Debojyoti Bhattacharya

The obligation of parties to deposit outstanding charges and remuneration for the Receiver is reinforced.

Headnote:The court addresses outstanding payments due from the petitioners, including security and electricity charges amounting to Rs.85,777 and Rs.1,17,528 respectively. It directs the petitioners to deposit these amounts by 22.01.2026 while ensuring occupational charges are paid in advance monthly by Respondents. The court also sets a remuneration of Rs.30,000 for the learned Receiver and expresses intent to discuss other financial matters at the next hearing. The terms of payment and responsibilities for incurred expenses are clarified accordingly.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The court emphasizes the obligation of the petitioners to fulfill their outstanding financial responsibilities promptly, including security charges and electricity charges (!) (!) .

  2. The petitioners are required to deposit the outstanding amounts of Rs.85,777 towards security charges and Rs.1,17,528 towards electricity charges by 22.01.2026 (!) (!) .

  3. The learned Receiver acknowledged receipt of Rs.56,000 from the petitioners for her personal expenses (!) .

  4. The court directs that occupational charges must be paid in advance by the respondents, specifically by the 7th of each month, with a strict view on defaults (!) (!) .

  5. The Receiver has reported increased responsibilities, necessitating additional work, and the court has fixed a monthly remuneration of Rs.30,000 for her services, payable at the end of each month (!) (!) (!) .

  6. Expenses incurred by the Receiver for her duties shall be paid separately by the petitioners (!) .

  7. The court has scheduled the next hearing for 11.03.2026 to further address other financial matters and the apportionment of expenses if necessary (!) (!) .

These points encapsulate the court’s directives and the financial obligations imposed on the parties involved.


Table of Content
1. financial obligations must be fulfilled timely. (Para 2 , 4)
2. receiver's remuneration and responsibilities are specified. (Para 3 , 5 , 6 , 7 , 10 , 11)

ORDER

1. We heard Ms. Ayantika Roy, the learned Receiver, Mr. Rishad Ahmed Chowdhury, the learned counsel appearing for the petitioners, Ms. Mrinmoi Chatterjee, the learned counsel appearing for the respondent no.32 namely, New Zeeshan Restaurant, Ms. Noelle Dey Banerjee, the learned counsel appearing for J Biswas & Company and other occupants and Mr. Debojyoti Bhattacharya, the learned counsel appearing for the respondent nos. 23 and 24, respectively.

2. The learned Receiver brought to our notice that the amount of Rs.85,777/-(Rupees Eighty five thousand seven hundred and seventy seven only) towards security charges and the amount of Rs.1,17,528/-(Rs.One lakh seventeen thousand five hundred and twenty eight only) towards electricity charges, respectively, is due and payable by the petitioners.

3. She fairly acknowledged the receipt of Rs.56,000/- (Rs.Fifty six thousand only) from the petitioners towards her personal expenses.

4. We direct the petitioners to deposit the amount(s) of Rs.85,777/-(Rupees Eighty five thousand seven hundred and SLP(C) Nos.16152-16197/2022 seventy seven only) and Rs.1,17,528/-(Rs.One lakh seventeen thousand five hundred and twenty eight only) respectively, referred to above, at the earliest, preferably by tomorrow, i.e., 22.01.2026.

5. There is another thing which the learned Receiver brought to our notice and that has something to do with the irregular deposit of the occupational charges.

6. The learned Receiver has a grievance to redress saying that till this date J.Biswas and Company has not deposited the occupational charges for the month of January, 2026.

7. We make ourselves very clear that New Zeeshan Restaurant and J Biswas & Company shall pay the occupational charges in advance by 7th of each month. Any default shall be viewed strictly.

8. In the last, the learned Receiver brought to our notice that she has to now work almost every day at least for minimum three hours. Her responsibilities have increased.

9. In such circumstances, we fix one lump sum remuneration to be paid to the learned Receiver per month to the tune of Rs.30,000/-(Rs. Thirty thousand only).

10. The petitioners shall make this payment to the learned Receiver of Rs.30,000/- (Rs. Thirty thousand only) at the end of the month i.e. on the last date of the month.

11. It is needless to clarify that the expenses that the learned Receiver may incur, shall be paid separately by the petitioners.

12. On the other issues, we shall hear the learned counsel appearing for the respective parties, on the next date of hearing.

13. In the course of the final hearing of this matter, we shall consider the issue of apportionment of expenses, if need be.

14. List on 11.03.2026.

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