Anil Kumar Poddar vs Partha Acharya
2022 Latest Caselaw 4059 Cal

7th July,

(AK)

CPAN 477 of 2022 In C.O. 2301 of 2019

Anil Kumar Poddar Vs.

Partha Acharya, WBCS (Executive)

Mr. Ashim Kr. Roy ...for the petitioner.

Mr. Sudipto Panda Mr. Subrata Ghosh ...for the alleged contemnor.

Learned counsel appearing for the petitioner places

reliance on a Division Bench Judgment reported at (2014)

2 CHN 237 (Govind Prasad Kothary vs. State of West

Bengal) and submits that the Division Bench, in

paragraph no.29 of the judgment, observed that the Civil

Procedure Code, in its entirety, is not applicable in a

proceeding for fixation for fair rent under Section 17 of

the West Bengal Premises Tenancy Act, 1997 and the

procedure governing civil suit and/or proceeding before

the Civil Court as provided in the Civil Procedure Code

cannot be applied in a proceeding of the said nature

before the Rent Controller.

As such, it was held, the requirement of proof of the

petitioner's claim by evidence, as argued by learned

counsel therein, was not accepted by the Division Bench,

particularly when the rules framed under the said Act do

not provide for such a proceeding to be decided by trial on

evidence.

It is submitted that, in the instant case, an

amendment application has in the meantime been

disposed of by the Rent Controller.

However, the main matter is yet to be decided and

has been fixed next on July 26, 2022.

Learned counsel appearing for the alleged

contemnor submits that the petitioner has also been

seeking adjournments on certain occasions, as such

being instrumental in the process of delaying the matter.

Hence, to give a further chance to the Rent

Controller to dispose of the matter, keeping in view the

heavy roster of the Controller, the Controller is directed to

dispose of the main matter under Section 17 of the 1997

Act, within the extended date of August 31, 2022

positively upon taking up the matter for hearing on the

next date fixed, that is, July 26, 2022.

It is made clear that for the purpose of complying

with such direction, the Rent Controller shall be free to

refuse any adjournment to either of the parties.

The report filed by learned counsel for the alleged

contemnor be kept on record.

The contempt application shall next be returnable

on September 1, 2022.

(Sabyasachi Bhattacharyya, J.)