SAFE CARGO MOVERS Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) This application is directed against the Order No. 6 dated 18th June, 2018 passed by the learned Chief Judge, City Civil Court at Calcutta in Misc. Appeal No. 23 of 2018, whereby learned Chief Judge, City Civil Court at Calcutta, has rejected the application under Section 151 of the Code of Civil Procedure filed by the appellant/petitioner.

(2.) The appellant/petitioner filed Misc. Appeal under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, against the order dated 26.03.2018 passed by the learned Estate Officer, Calcutta Port Trust, in Proceedings No. 1484 and 1484D of 2016 and the said Misc. appeal was admitted by the Chief Judge, City Civil Court at Calcutta by order dated 11.04.2018. On that date, the learned Chief Judge was pleased to stay the operation of the order dated 26.03.2018 passed by the learned Estate Officer, Calcutta Port Trust, subject to payment of occupational charges per month at a certain rate by a specific date. The appellant/petitioner was also directed to deposit Rs.1,00,000,00/- (Rupees One Crore only) towards arrear rent and damages etc. with the respondent by the month of June, 2018. After that the appellant/petitioner filed an application under Section 151 of the Code of Civil Procedure praying for recalling and/or modifying the said order dated 11.04.2018 substituting the direction for deposit of Rs.1,00,000,00/- (Rupees One Crore only) by Rs.25,00,000/-(Rupees Twenty Lakhs only) only, and that application was rejected on contest by the order impugned. Being aggrieved, the appellant/petitioner preferred this revisional application.

(3.) Having considered the submission of the learned Advocate for the respondent and on perusal of the materials on record, I find that as per agreement with the respondent/opposite party, license fees of Rs.77,751/- (Rupees Seventy Seven Thousand Seven Hundred Fifty One only) per month would be paid by the appellant/petitioner. From the order of the Estate Officer, Calcutta Port Trust it transpires that the arrear amount of dues from the appellant is more than Rs. 4,00,000,00/-(Rupees Four Crores). By the order dated 11.04.2018 the appellant was directed to deposit Rs. 1,00,000,00/-(Rupees One Crore only) towards arrear of rent and damages etc. with the respondent by the month of June, 2018. At the time of consideration of the application for stay, the operation of the appealed order, the Appellate Court/Court below requires to consider the prima facie material which has surfaced in the record and does not require to go into the details of rival contention and consider the minute calculation of the arrear dues. Therefore, I think that the Lower Court did not exercise his inherent power rightly and as such, this Court has no hesitation to hold that learned trial Court did not commit any illegality in rejecting the application under Section 151 of the Code of Civil Procedure.