ITEM NO.5 COURT NO.8 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) Nos.16152-16197/2022 [Arising out of impugned final judgment and order dated 26-04-2022 in APD No. 269/2018 26-04-2022 in APD No. 270/2018 26-04-2022 in APD No. 271/2018 26-04-2022 in APD No. 272/2018 26-04-2022 in APD No. 288/2018 26-04-2022 in APD No. 289/2018 26-04-2022 in APD No. 290/2018 26-04-2022 in APD No. 291/2018 26-04-2022 in APD No. 292/2018 26-04-2022 in APD No. 293/2018 26-04-2022 in APD No. 294/2018 26-04-2022 in APD No. 295/2018 26-04-2022 in APD No. 296/2018 26-04-2022 in APD No. 297/2018 26-04-2022 in APD No. 298/2018 26-04-2022 in APD No. 310/2018 26-04-2022 in APD No. 311/2018 26-04-2022 in APD No. 312/2018 26-04-2022 in APD No. 313/2018 26-04-2022 in APD No. 314/2018 26-04-2022 in APD No. 315/2018 26-04-2022 in APD No. 316/2018 26-04-2022 in APD No. 317/2018 26-04-2022 in APD No. 318/2018 26-04-2022 in APD No. 319/2018 26-04-2022 in APD No. 320/2018 26-04-2022 in APD No. 321/2018 26-04-2022 in APD No. 322/2018 26-04-2022 in APD No. 323/2018 26-04-2022 in APD No. 324/2018 26-04-2022 in APD No. 325/2018 26-04-2022 in APD No. 326/2018 26-04-2022 in APD No. 327/2018 26-04-2022 in APD No. 328/2018 26-04-2022 in APD No. 329/2018 26-04-2022 in APD No. 330/2018 26-04-2022 in APD No. 331/2018 26-04-2022 in APD No. 332/2018 26-04-2022 in APD No. 333/2018 26-04-2022 in APD No. 334/2018 26-04-2022 in APD No. 335/2018 26-04-2022 in APD No. 336/2018 26-04-2022 in APD No. 337/2018 26-04-2022 in APD No. 338/2018 26-04-2022 in APD No. 339/2018 26-04-2022 in APD No. 340/2018 passed by the High Court at Calcutta]

RAJ KUMAR GHOSH & ANR. Petitioner(s)

VERSUS JYOTI BISWAS & ORS. Respondent(s)

[ONLY IA NO. 3639/25 IS LISTED UNDER THIS ITEM]

(MS. AYANTIKA RAY, LEARNED AMICUS)

Date : 01-09-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE K.V. VISWANATHAN Signature Not Verified DigitaFlly soignred b yPetitioner(s) :

VISHAL ANAND Date: 2025.09.04

17:08: 11 IST Mr. Huzefa Ahmadi, Sr. Adv.

Reason:

Mr. Rohit Das, Adv.

Mr. Rishad Ahmed Chowdhury, AOR Ms. Kishwar Rahman, Adv.

Ms. Sohini Sanyal, Adv.

For Respondent(s) :

Mr. Arup Banerjee, AOR Mr. Sidhartha Sharma, Adv.

Mr. Arjun Asthana, Adv.

Mr. Rishav Dutt, Adv.

Ms. Shubhangi Gupta, Adv.

Mr. Aditya Mishra, Adv.

Mr. Nachiket Chawla, Adv.

Ms. Prachi Sharma, Adv.

Mr. Yash Wardhan Sharma, Adv.

Petitioner-in-person UPON hearing the counsel the Court made the following

O R D E R

1. Our Order dated 17-3-2025 speaks for itself:

“1. We heard Mr. Huzefa Ahmadi, the learned Senior counsel appearing for the applicants (original decree holders) and Mr. Jaideep Gupta, the learned Senior counsel appearing for the respondents (tenants) in the property.

2. Today, what we have before us is an Interlocutory Application No.3639/2025 seeking directions in which the following reliefs has been prayed for:-

“(a) Direct each of the Respondents/ unauthorized occupiers to pay occupation charges on a monthly basis at the rate of Rs. 220 per sq. foot of area occupied, with effect from 01.04.2022, to the Petitioners or to the Receiver appointed by the High Court;

(b) In the alternative to Prayer (a), direct each of the Respondents/ unauthorized occupiers to pay occupation charges on a monthly or other basis at such reasonable market rate as may be deemed appropriate by this Hon'ble Court, to the Petitioners or to the Receiver appointed by the High Court; and (c) Pass such other or further order(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice.”

3. We are informed that in the main matter while issuing notice, this Court directed the parties to maintain status-quo. 4. The controversy as on date relates to the liability of all those persons occupying the premises i.e. shops/offices to pay rent at a particular rate.

5. We take notice of the observations made by the High Court in its