Bundl Technologies Pvt Ltd v. Sunflower Engineering Industries Pvt Ltd

07-12-2023 Item no.11 CD Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction (Commercial Division) FMA No.967 of 2023 Bundl Technologies Private Limited -vsSunflower Engineering Industries Private Limited with CAN No.1 of 2023 Mr. Ranjan Bachawat, sr. adv.

Mr. Shourjyo Mukherjee, adv.

Mr. Surojit Dasgupta, adv.

Mr. Vishwarup Acharyya, adv. ...for the appellant Mr. Rohit Das, adv.

Ms. Kishwar Rahman, adv. ...for the respondent After hearing learned counsel for the parties, we dispose of this appeal and the connected application by directing the respondent to immediately take vacant and peaceful possession of the subject property which the appellant and the receiver are to deliver to the respondent. The appellant shall create no impediment to the said delivery of possession to the respondent.

It is submitted on behalf of the appellant that the appellant had relinquished possession of the premises much earlier and could not be liable to pay any mesne profits or damages for wrongful occupation of the property beyond that date.

We leave that question open to be determined at the trial of the suit.

The impugned judgement and order dated 13th October 2023 passed by the learned court below is modified to this extent.

[I.P. Mukerji, J] [Biswaroop Chowdhury, J]