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TMI Blog2019 (3) TMI 1596X X X X Extracts X X X X X X X X Extracts X X X X ..... in the better interest of the RI company, it appears to me that permission to let out the building basement floor referred to above can be allowed subject to passing final order in the IA with a direction to the applicant to keep the rent in a separate account in the name of the company which could not be utilised for any purpose until the disposal of the CP and file periodical report in every three month in the Tribunal by giving copy to the respondent. List the IA for hearing along with the CP to 10.05.2019. - C.P No. 31/KB/2017, I.A. 926/KB/2018 - - - Dated:- 5-3-2019 - Shri Jinan K.R., J. ORDER Ld. Counsels for the Petitioner appeared. Ld. Counsels for the Respondents also appeared. I.A. 925/KB/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the leave of the Court . Ld Counsel for the applicant submits that the respondent No. 1 Company was mainly incorporated for doing business in Real Estate Business and it owns a multi-storied building in VIP Road in Kolkata wherein the Basement, Ground Floor and Mezzanine Floor is kept vacant and unutilised because of the interim order of injunction. According to him keeping the order in force causing extreme prejudice and economical loss to the company by not doing any business therefore the order of injunction is to be vacated or modified and in the alternative prays for permission to let out the basement floor and Mezzanine floor to a tenant who approached the Company for letting it out. Pending consideration of this applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsent has not been so far asked for in writing by the company and therefore there is no bonafide in seeking the permission. An objection to the supplementary affidavit not forthcoming at the time of hearing though it is submitted that it was filed at the registry yesterday. Copy of objection on the other hand has given just now to the applicant. According to the Ld. Counsel for the respondent the Company is getting rent by letting out the basement area as a Banquet hall for ceremonial function for a rent of ₹ 1,50,000/- approx. per day. The said area is utilised by the company, argued by the Ld. Counsel for the respondent. The said submission of the Ld. Counsel for the respondent is fairly admitted by the Ld. Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X
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