Authority: Calcutta High Court (High Court at Calcutta)

Order Date: 20 July 2026

Case Overview

  • Parties: Square Four Assets Management and Reconstruction Company Pvt Ltd (and others, the decree holders) vs. Orient Beverages Limited (the judgment debtor).
  • Historical lease: Trustees granted a 50‑year lease to Alepe Finance Limited (now Orient Beverages) on 29 September 1965. After expiry, trustees executed a registered indenture on 12 September 2015 granting a portion of the premises to Decree Holder No.1, effective 1 October 2015.
  • On 1 October 2015 the judgment debtor acknowledged lease expiry and handed possession to the decree holders, forming the basis of GA No.20 of 2022 in C.S. No.144 of 2016.
  • A decree of eviction was passed on 19 May 2022, remaining operative and binding on all persons whose possession derived from the judgment debtor.
  • The decree holder later demanded peaceful vacant possession of the entire leasehold premises. The judgment debtor reported that 6,569 sq ft remained occupied by known tenants and an additional 5,533 sq ft was occupied by persons whose identities were unknown, prompting the present execution application (EC No.20 of 2025) to recover the full decretal area of 12,102 sq ft.
  • Special Officers inspected the premises and submitted a detailed report on 11 March 2026, noting the presence of the decree‑holder’s advocates and the absence of intervenors during inspection.
  • The report segregated occupants who had not filed any application before the Court, listing:
  • Monoj Kumar Bhagat – approx. 70 sq ft (basement)
  • Raja Chatterjee – approx. 112 sq ft (basement)
  • Bikash Khanna – approx. 504 sq ft (ground floor, cooperative)
  • Pintu Saha – approx. 140 sq ft (ground floor)
  • Sundar Lal – approx. 450 sq ft (basement)
  • LT Elevator – approx. 180 sq ft (ground floor)
  • Mani Gupta – approx. 110 sq ft (ground floor) and 400 sq ft (ground floor)
  • Anil Kumar Goyal – approx. 140 sq ft (1st floor front side)
  • B. Chiranjeevi – approx. 291 sq ft (8th floor)
  • Sanjeev Gupta – approx. 400 sq ft (roof front)
  • Balbir Prasad Gupta – approx. 400 sq ft (roof front)
  • Total for this segment: 3,397 sq ft.
  • A separate list (GA No.1 of 2025) identified additional occupants occupying a combined area of 2,122.54 sq ft, including:
  • Ankit Agarwal – 80 sq ft (basement front)
  • Mili Roy – 30 sq ft (basement front)
  • Naqi Raza & Nikhat Raza – 154 sq ft (basement)
  • Shamim Akhtar – 64 sq ft (basement)
  • Ajay Kumar Biyani – 278 sq ft (basement)
  • Gunjan Agarwal – 300 sq ft (basement front)
  • Jaladhar Nayak – (area not specified)
  • Mina Devi Agarwal – 28.5 sq ft (closed, not physically found)
  • Ritesh Agarwal – 350 sq ft (basement) and 26.04 sq ft (basement)
  • Shyam Nath Shaw – 99 sq ft (basement)
  • Mahesh Mehra – 200 sq ft (basement front)
  • Bablu Kumar Shaw – 99 sq ft (basement)
  • Ankit Agarwal – 80 sq ft (basement front)
  • Anil Kumar Shaw – 80 sq ft (ground floor)
  • Raj Sonkar – 24 sq ft (ground floor)
  • Ratan Lal Agarwal – 60 sq ft (basement rear)
  • Pushpa Agarwal – 60 sq ft (ground floor)
  • Mohit Jindal – 100 sq ft (front building)
  • Total for this segment: 2,122.54 sq ft.
  • The report was accepted as accurate and formed part of the record for execution.
  • The Court reiterated that execution of a decree for possession is governed by Order XXI Rule 35 of the CPC, and that occupants deriving possession from the judgment debtor are bound by the decree.
  • An order dated 23 June 2026 recorded that the applicant in GA/1/2025 had waived further hearing, leading to dismissal of that application.

Final Outcome

  • EC No.20 of 2025 is allowed; the decree holders are entitled to execution of the 19 May 2022 eviction decree.
  • The Sheriff of Calcutta is directed to take immediate possession of the remaining decretal premises measuring 5,533 sq ft at Premises No.50, Chowringhee Road, Kolkata‑700071, removing any occupier whose possession flows from the judgment debtor and who lacks a protective court order.
  • The Sheriff may open locked doors, shutters, or any barriers to ensure effective execution.
  • The Commissioner of Police, Kolkata, and the Officer‑in‑Charge of Shakespeare Sarani Police Station must provide full police assistance to maintain public order during execution.
  • All movable articles found shall be inventoried by the Sheriff in the presence of witnesses.
  • The Special Officers will continue to assist, and their remuneration is fixed at Rs 3,000 per officer, payable by the decree holders.
  • Upon completion, the Sheriff must submit a detailed report covering the manner of execution, possession delivered, inventory, police assistance, and any other relevant circumstances.
  • No order as to costs; a certified copy of the order shall be provided to parties on priority after formalities.

Topics: Eviction, Execution of Decree