Sadhana Press Pvt Ltd v. Biswajit Dutt

13.05.25 42 Ct. No. 06 Sws.M CO 1661 of 2025 Sadhana Press Private Limited vs.

Biswajit Dutt Mr. S.P. Ghosh Ms. Aparupa Bhattacharya ....for the Petitioner Mr. Sayantan Bose Ms. Manisha Das ...for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against orders dated 18th February, 2025 passed by the learned Judge 3rd Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 310 of 2023.

By the order impugned the application under Section 7(1) of the West Bengal Premises Tenancy Act, 1997 stood rejected.

Mr. Ghosh, learned advocate appearing for the petitioner submits that on account of wrong advice the petitioner did not deposit the admitted rent. The learned Trial Judge has recorded that the application under Section 7(1) of the 1997 Act was filed only on February 6, 2024 when the summons have been duly served upon him on 25th November, 2023. The learned Trial Judge has further recorded that the defendant did not comply with the statutory

requirement of Section 7(1) of the West Bengal Premises Tenancy Act.

Mr. Ghosh, learned advocate appearing for the petitioner could not controvert such recording of fact by the learned Trial Judge.

Heard learned advocate appearing for the opposite party on such submission.

This Court does not find any reason to interfere with the order impugned. Accordingly, CO 1661 of 2025 stands dismissed.

There shall be however no order as to costs.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(Hiranmay Bhattacharyya, J.)