SL-1 28.04. 2025 Ct. No. 07 Ab WPA 9386 of 2009 IA No. CAN 1 of 2009 (Old No. CAN 7632 of 2009) IA No. CAN 2 of 2012 (Old No. CAN 7610 of 2012) IA No. CAN 3 of 2013 (Old No. CAN 6577 of 2013) CAN 4 of 2022 CAN 5 of 2024 CAN 6 of 2025 With CO 1504 of 1988 Stone India Limited and another Vs. Board of Trustees for the Port of Kolkata and others. --------------- Mr. Saptangsu Basu, Mr. Debjit Mukherjee, Mr. Rishav Banerjee, Mr. Aishwarya Kumar Awasthi. … for the petitioner no. 1. Mr. Jishnu Saha, Mr. Sourav Ghosh, Mr. Snehashis Sen, Mr. Sitikantha Mitra. ,,, for the Port Trust. As noted in the earlier order dated 21st April 2025, the lessee company had entered into a corporate insolvency resolution process, following which the management was taken over by a new group of individuals. The new management is currently operating the company under its original name. The company now seeks to continue its possession and use of the leased property as a lessee, subject to the payment of rent in accordance with the schedule specified under the Major Port Trust Act, 1963, for the remaining term of the lease. Additionally, the company has offered to pay an amount of Rs. 10,39,64,812 (Rupees ten crores thirty-nine lakhs sixty- four thousand eight hundred twelve only). 2 Mr. Saha, learned Senior Advocate appearing on behalf of the respondents, submits, upon instructions, that if the Court directs the Port Trust to allow the group of individuals currently operating the company under its original name to continue as tenants upon payment of the scheduled rent and an amount of Rs. 10,39,64,812/-, they should be allowed to continue for the residual term of the lease. In view of the submissions made on behalf of the respective parties, and following the proposition laid down by the Hon'ble Supreme Court in the decision reported in (2006) 9 SCC 763 [Board of Trustees, Port of Kolkata vs. Eflon Tie- Up (P) Ltd. & Ors.], wherein, while dealing with a similar issue, the Hon'ble Supreme Court upheld the decision of the Hon'ble Division Bench directing the Port Trust to permit the new entity that had taken over a liquidated company to continue as lessee of the tenanted premises on the same terms and conditions, I hereby direct the Port Trust to permit the group of individuals who have taken over the charge of the company, following the procedure prescribed under the law and who are currently managing the company, to continue as lessees of the leased premises, subject to the payment of rent in accordance with the schedule prescribed under the Major Port Trusts Act, and upon payment of Rs. 10,39,64,812/- for the residual lease period, i.e., up to the year 2037. With these observations the writ petition is disposed of along with the connected applications. In view of the disposal of the writ petition, the challenge thrown to the action of the Port Trust by the petitioners has 3 been rendered infructuous. There shall, however, be no order as to costs. (Partha Sarathi Chatterjee, J.)