Ashoke Kumar Bhandary @ Ashoke ... vs Anupam Kanji & Ors
2021 Latest Caselaw 4980 Cal

S/L 2
22.09.2021

sb CO 1492 of 2021 (Via Video Conference)

Ashoke Kumar Bhandary @ Ashoke Bhandary Vs.

Anupam Kanji & Ors.

Mr. Sandip Das, Advocate

...for the preemptee/petitioner.

Mr. Das, the learned advocate for the pre-

emptee/petitioner has raised a valid question as to whether

the pre-emptor can be allowed to deposit the balance

consideration money after expiry of the stipulated time

meant for exercise of the right of preemption under Section

8 of the West Bengal Land Reforms Act in view of the

judgment of the Hon'ble Supreme Court of India in the case

of Barasat Eye Hospital & Ors. Vs. Kaustabh Mondal,

reported at 2019 (19) SCC 767.

It appears from the materials on record that the

application for pre-emption in the instant case is on the

ground of co-sharership. In a judgment delivered on July 16,

2021 in CO No. 785 of 2021 (Sk. Abdul Odud Ali Vs.

Emanulla Khan & Ors.) a coordinate bench has referred a

similar issue before the Hon'ble the Chief Justice (Acting) for

assignment before a Larger Bench. In view thereof, the

hearing of this matter stands adjourned till the reference is

answered.

The petitioner is directed to serve a copy of this

application upon the opposite parties by Speed Post with

Acknowledgment Due within a week from date and to file an

affidavit-of-service on the next date of hearing.

There shall be an order of stay of all further

proceedings in Misc. Case No. 72 of 2013 pending before the

learned Civil Judge (Junior Division), 2nd Court at Diamond

Harbour till the end of January, 2022 or until further orders

whichever is earlier.

Parties will be at liberty to take appropriate steps

upon notice to each other.

(Hiranmay Bhattacharyya, J.)