IN THE COURT
OF THE LEARNED JUDICIAL
MAGISTRATE AT CALCUTTA, BANKSHALL COURT
M.P. No.
________of 2026
In
the matter of;
Application under Section 163(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023;
AND
In the matter of;
M/s. GSA Surgical & Medicines Private Limited, a Company
incorporated under the provisions of the Companies Act, having its Registered
Office at Room No.111, Block "F", First Floor, Eastern Portion of
Premises No.55, Biplab Rash Behari Basu Road (formerly Canning Street), Mehta
Building, Police Station – Hare Street, Kolkata – 700001, represented by its
Authorised Signatory Sri _______________, Son of _______________, aged about
_____years, residing at ______________, Mobile Number ______________, Email:
_______________________________.
_____Petitioner
-
Versus
–
M/s. Kanji Shavji Parekh (Calcutta) Pvt. Ltd., Premises No. 55,
B.R.B. Basu Road (formerly Canning Street), Mehta Building, Block “H”, 1st
Floor
Kolkata – 700001.
Email:
kanjimodi123@gmail.com
Mobile: 9830732302 / 9830044491,
represented through
its Director Mr. Jignesh Modi,
_____Opposite
Party
The humble petition of the above named Petitioner, most respectfully;
SHOWETH AS UNDER:
1. That the Petitioner
is the lawful owner/landlord of the premises situated at Room No.111, Block
"F", First Floor of the eastern portion of Premises No.55, Biplab
Rash Behari Basu Road (formerly Canning Street), Mehta Building, Kolkata –
700001.
2. That Kanji Shavji Parekh (Calcutta) Pvt. Ltd.,
represented through its Director Mr.
Jignesh Modi, is a tenant under the Petitioner in respect of office
accommodation being Premises No. 55, B.R.B. Basu Road (formerly Canning Street)
Mehta Building, Block “H”, 1st Floor, Kolkata – 700001
situated within the said premises.
3. That the tenancy was
originally created exclusively for commercial office purposes. No attached
bathroom, toilet or exclusive sanitary accommodation formed part of the
tenancy. The building has common sanitary facilities available for use by its
occupants.
4. That the Petitioner
has recently discovered that the aforesaid tenant has illegally and
clandestinely carried out unauthorized structural alterations by converting a
portion of the office premises into a bathroom/toilet through permanent civil
construction, installation of plumbing lines, drainage facilities, sanitary
fittings, pipelines and other permanent fixtures without obtaining (a) the
prior written consent of the Petitioner as landlord; (b) any sanction, licence
or approval from the Kolkata Municipal Corporation; or (c) any permission from
any competent statutory authority.
5. That the aforesaid
unauthorized construction has materially altered the nature, character and
structural configuration of the tenanted premises and has been undertaken in
complete disregard of the applicable provisions of law.
6. That after illegally
constructing the said bathroom, the proposed Opposite Party persons have
repeatedly issued false and misleading communications alleging that the Petitioner
has intentionally disconnected the water supply to the alleged attached
bathroom, despite the fact that no such bathroom ever formed part of the
original tenancy.
7. That the Petitioner
had already replied to the letters dated 21.04.2026, 23.04.2026
and 25.04.2026 through a
detailed reply dated 30.04.2026,
specifically denying every allegation and placing the true factual position on
record.
8. That notwithstanding
the said reply, the proposed Opposite Party persons have again issued another
communication dated 12.05.2026
reiterating the same false allegations with the apparent object of creating
false evidence, exerting unlawful pressure upon the Petitioner and attempting
to convert their own illegal acts into an alleged legal grievance.
9. That the conduct of
the proposed Opposite Party persons is deliberate, dishonest and calculated to
continue the unauthorized construction, to mislead public authorities and to
interfere with the lawful proprietary rights of the Petitioner.
10.
That
the Petitioner reasonably apprehends that unless immediate police intervention
is made, the proposed Opposite Party persons may further alter the premises,
tamper with evidence, destroy material evidence, continue illegal construction
and create law and order problems within the building.
11.
That
the acts of the proposed Opposite Party persons are not merely contractual disputes
arising out of a tenancy but constitute deliberate and systematic acts of
illegality involving unauthorized structural alteration of immovable property,
wrongful installation of permanent sanitary infrastructure, unauthorized
diversion of water and drainage facilities, and continuous attempts to
legitimize such illegal construction by creating false documentary evidence.
Such conduct prima facie discloses the commission of cognizable offences
warranting immediate investigation by the police.
12.
That
despite repeated objections raised by the Petitioner and despite the detailed
reply dated 30.04.2026 exposing the falsity of the allegations made by the
proposed Opposite Party persons, they have persisted in their unlawful
activities and have consciously attempted to misrepresent the factual position
by repeatedly alleging that the Petitioner disconnected water supply to a
bathroom which never existed as part of the original tenancy. Such repeated
false representations are calculated to mislead statutory authorities and to
create a false record for future legal proceedings.
13.
That
the unauthorized construction of a permanent bathroom and toilet inside a
commercial office accommodation has been undertaken clandestinely and in
complete violation of the applicable municipal laws, building regulations and
statutory requirements governing structural alterations within the jurisdiction
of the Kolkata Municipal Corporation. The said construction has materially
affected the original nature, identity and structural configuration of the
tenanted premises and has also exposed the building to serious structural,
hygienic and safety concerns.
14.
That
the permanent installation of concealed plumbing lines, drainage pipes,
sanitary fittings, water supply connections and other civil structures
necessarily involved extensive structural modification of the tenanted
premises. Such alterations could never have been carried out without
substantial construction work, and the same has been undertaken without
obtaining any approval from the competent municipal authority or the consent of
the Petitioner, thereby constituting an illegal and unauthorized act deserving
immediate criminal investigation.
15.
That
the conduct of the proposed Opposite Party persons further indicates a
deliberate intention to create an artificial cause of action by first carrying
out unauthorized construction and thereafter falsely alleging denial of water
supply so as to shift the focus away from their own illegal activities. Such
conduct amounts to a calculated abuse of the process of law and demonstrates a
dishonest intention to obtain an unlawful advantage over the lawful owner of
the property.
16.
That
there exists a genuine and reasonable apprehension that unless immediate
investigation is directed, the proposed Opposite Party persons may further
alter the premises, remove or replace the illegal constructions, destroy or
conceal material evidence, tamper with plumbing installations, fabricate
additional documents, influence witnesses, and thereby frustrate a fair and
effective investigation. Delay in initiating investigation would irretrievably
prejudice the Petitioner and may permanently destroy valuable evidence relating
to the unauthorized construction.
17.
That
the Petitioner submits that the nature of the offences is such that collection
and preservation of physical evidence assumes paramount importance. Immediate
inspection of the premises by the investigating agency, preparation of a site
inspection report, photographing and videographing the unauthorized structures,
measurement of the altered portions, examination of plumbing and drainage
installations, collection of municipal records and identification of persons
responsible for carrying out the illegal construction are all essential for an
effective investigation.
18.
That
the Petitioner further submits that unless the police are directed to register
and investigate the matter forthwith, the proposed Opposite Party persons may
continue to derive unlawful benefit from their own illegal acts, thereby
encouraging further violations of law and seriously prejudicing the
proprietary, possessory and legal rights of the Petitioner. Judicial
intervention at this stage is therefore absolutely necessary in the interest of
justice.
19.
That
the Petitioner has already approached the jurisdictional police authorities by
submitting a detailed written complaint requesting registration of a criminal
case and immediate police action against the proposed Opposite Party persons.
However, despite disclosure of facts constituting cognizable offences and
despite the urgency of the matter, no effective action has been taken by the
police authorities till date, thereby compelling the Petitioner to invoke the
jurisdiction of this Hon'ble Court under Section 163(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
20.
That
the cause of action is continuous in nature inasmuch as the unauthorized
construction continues to exist, the illegal structural alterations remain
intact, false allegations continue to be made by the proposed Opposite Party
persons, and the threat of further illegal construction, destruction of
evidence and interference with the Petitioner's proprietary rights persists
from day to day.
21.
That
this Hon'ble Court possesses the territorial jurisdiction to entertain and
decide the present application since the property in question is situated
within the jurisdiction of this Hon'ble Court and the acts complained of have
been committed within such jurisdiction.
22.
That
the present application has been filed bona fide, in the interest of justice
and for the protection of the lawful rights of the Petitioner, and not for any
collateral purpose.
In
the aforesaid facts and circumstances, it is therefore most humbly prayed that
Your Honour may graciously be pleased to;
a)
Invoke the powers under Section
163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Initiate proceedings under Section 144(2)
Cr.P.C., 1973 (corresponding to Section 163(2) BNSS, 2023), against the
Opposite party;
b)
Direct the Officer-in-Charge, Hare
Street Police Station, to ensure strict compliance of the order and to
provide necessary police protection to prevent breach of peace;
c) Pass an order of prohibition
and restraint, restraining the Opposite Party, its Directors, officers,
employees, servants, agents, representatives, contractors, labourers,
associates, assigns, or any person acting for or on its behalf, from entering
upon, trespassing into, interfering with, disturbing, obstructing, encroaching
upon, or in any manner causing any hindrance to the Petitioner's peaceful,
lawful and uninterrupted possession, occupation, enjoyment and use of the
property more fully described in the Schedule
hereunder, and further restraining them from carrying out any unauthorized
construction, structural alteration, demolition, installation of fixtures,
plumbing, drainage or sanitary facilities, or from changing the nature and
character of the said property in any manner whatsoever, except by due process
of law and with the express written consent of the Petitioner and the competent
statutory authorities.
d)
Pass a further prohibitory order restraining the Opposite Party and all persons
claiming through or under it from committing any act of criminal trespass,
intimidation, nuisance, obstruction, dispossession, damage to the Petitioner's
property, removal or destruction of existing structures or evidence, or from
creating any third-party interest or any situation likely to prejudice the
Petitioner's lawful rights, title, interest and possession over the Schedule
property, until the disputes are finally adjudicated in accordance with law.
e)
Pass such further or other order or orders as this Hon'ble Court may deem fit
and proper for securing the ends of justice.
And for this act of kindness,
the Petitioner, as in duty bound, shall ever pray.
SCHEDULE
ALL
THAT piece and parcel of the Premises
No. 55, Biplab Rash Behari Basu Road (formerly Canning Street), Mehta Building,
Block “H”, 1st Floor, Kolkata – 700001, Police Station Hare Street.
VERIFICATION
I, ________________________, son of
________________________, aged about ____ years, residing at
________________________________, being the Authorised Signatory and duly
authorised representative of M/s. GSA
Surgical & Medicines Private Limited, having its Registered Office
at Room No.111, Block "F", First Floor, Eastern Portion of Premises
No.55, Biplab Rash Behari Basu Road (formerly Canning Street), Mehta Building,
Police Station – Hare Street, Kolkata – 700001, the Petitioner herein, do hereby
verify that the statements contained in paragraphs 1 to 22 of the foregoing application are true and correct to my
knowledge and records maintained by the Company, and that I believe the same to
be true. I further verify that nothing material has been concealed therefrom
and no part thereof is false.
Verified at Calcutta (Kolkata) on this ____ day of __________, 2026.
Authorised Signatory
M/s. GSA Surgical & Medicines
Private Limited
DEPONENT
AFFIDAVIT
I, __________________________,
son of ________________________, aged about ____ years, by faith ____________,
by occupation ____________________, residing at
________________________________________, being the duly authorised Signatory
and authorised representative of M/s.
GSA Surgical & Medicines Private Limited, the Petitioner
above named, do hereby solemnly affirm and state as follows;
- That I am
the Authorised Signatory and duly authorised representative of the
Petitioner Company and, as such, I am fully acquainted with the facts and
circumstances of the present case and am competent and authorised to swear
this Affidavit on behalf of the Petitioner.
- That I
have read and understood the contents of the accompanying application
filed under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
- That the
statements made in paragraphs 1
to 22 of the said application are true and correct to my
knowledge, derived from the records maintained by the Petitioner Company
and from information received by me in my official capacity, which I
verily believe to be true.
- That no
material fact has been concealed or suppressed by the Petitioner and the
present application has been made bona fide and in the interest of
justice.
- That I
solemnly affirm that the contents of this Affidavit are true to my
knowledge and belief and that nothing material has been concealed
therefrom.
Verified at Calcutta (Kolkata)
on this ____ day of __________, 2026.
DEPONENT
Identified
by:
Advocate
