M/S. Vishnu Mansion Pvt. Ltd vs M/S. Bhole Baba Builders
2021 Latest Caselaw 1406 Cal/2

    ORDER                                                                OD-11
                               AP/148/2021
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                        M/S. VISHNU MANSION PVT. LTD.
                                   VERSUS
                         M/S. BHOLE BABA BUILDERS

  BEFORE:
  THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA
  DATE : 9TH NOVEMBER, 2021.

  [Via Video Conference]

                                                                      APPEARANCE:

                                                   Mr. Shyamal Chakraborti, Advocate
                                                                ......for the applicant.
                                                           Mr. Aritra Basu, Advocate
                                                              ......for the respondent.

The Court:- Learned counsel for the respondent has raised two preliminary

objections, firstly in respect of limitation, by submitting that the claim raised by

the applicant is a dead claim and secondly, in respect of the deficit stamp duty in

terms of Article V(f) of the West Bengal Stamp Act, by submitting that the

agreement in question is a development agreement which is not properly

stamped. Therefore, unless impounded, it cannot be relied upon.

In support of the submission, he has placed reliance upon the Three-Judge

Bench judgment of the Hon'ble Supreme Court in the case of Vidya Drolia &

Others v. Durga Trading Corporation reported in (2021) 2 SCC 1. It has been

brought to the notice of this Court that the judgment of the Supreme Court in the

matter of Vidya Drolia (supra) has been referred to a Larger Bench by a

subsequent judgment in the matter of N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo

Unique Flame Limited & Others reported in (2021) 4 SCC 379.

Learned counsel for the applicant prays for time to examine the above aspect

of the matter.

Counsel for the parties are granted time to examine and address this Court

on the issue of effect of the reference to a Larger Bench.

List on 6th December 2021.

(PRAKASH SHRIVASTAVA, C.J.) CS / S.Kumar