Kemp & Co. Ltd vs Calcutta Builder'S Stores ...
2022 Latest Caselaw 3703 Cal

29.06.2022
 KC(18)

                                 S.A.T. 118 of 2021
                                  Kemp & Co. Ltd.
                                      -versus-
                          Calcutta Builder's Stores Limited
                                        With
                                   CAN 1 of 2021
                                        With
                                   CAN 2 of 2021



             Mr. S.N. Mookherjee, Ld. Advocate General,
             Mr. Arindam Banerjee,
             Mr. Saunak Mitra,
             Mr. Shaunak Mitra,
             Mr. Sulfiqar Ali Alquaderi,
             Ms. Prerona Banerjee..................For the appellant.

             Mr. Amal Krishna Saha,
             Mr. Debdut Mukherjee,
             Mr. Tapan Sil.............................For the respondent.

Re: CAN 2 of 2021.

We dispose of this application (CAN 2 of 2021)

with the observation that there is no delay in

preferment of the appeal.

Re: S.A.T. 118 of 2021.

This second appeal is admitted on the following

substantial questions of law:

(a) Whether both the learned courts below passed the decree on a misinterpretation of the document, Exhibit-4 in the suit?

(b) Whether the impugned judgment and decree could have been passed in spite of existence of Section 24 of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act , 2013?

(c) Whether both the learned courts below erred in law in not appreciating that Sections 13(f) and 13(ff) of the West Bengal Premises Tenancy Act, 1956 provide independent grounds for eviction of a tenant and whether the said courts below did not apply the proper standard or principles in adjudicating the issues arising under the aforesaid sub-sections of Section 13 of the said Act?

(d) Whether the impugned judgment and decree by virtue of the aforesaid contains serious errors of law on the face of the record and ought to be set aside?

(e) Whether the impugned judgment and decree for non-consideration of the above issues property can be termed as perverse?

Since the respondent is represented by learned

counsel, service of notice of appeal is dispensed with.

The lower court records be transmitted to this

court by special messenger at the cost of the appellant

by 31st July, 2022.

Advocate-on-record for the appellant will

prepare an informal paper book and file the same

in this Court by 31st August, 2022. A copy of the

paper book shall be served on the advocate-on-

record for the respondent at least seven days before

the date fixed for hearing of the appeal.

Re: CAN 1 of 2021.

Proceedings of Ejectment Execution Case No. 107

of 2018, pending before the learned 6th Bench, Small

Causes Court at Calcutta is stayed subject to the

condition that the appellant has deposited with the

court below occupation charges ordered to be deposited

by the learned first appellate court.

From the date of the impugned judgment and

decree, the appellant will deposit occupation charges at

the said rate till 30th June, 2022 with the court below.

From 1st July, 2022, the appellant shall deposit

occupation charges at the rate of Rs. 35,000/- (Thirty

Five Thousand) per month payable by the seventh of the

month in advance with the learned Registrar General of

this court till the disposal of the appeal or until further

orders, whichever is earlier.

All sums deposited towards occupation charges

with the court below shall be transmitted by that court

to the learned Registrar General.

The entire sum not less than Rs. 1 lac at a time,

will be invested by him in a term deposit with the State

Bank of India, Kolkata High Court SPB Branch earning

the highest rate of interest, upon intimation to the

parties. Quarterly statements of accounts shall be

furnished by the learned Registrar General to the

parties.

The stay application (CAN 1 of 2021) is disposed

of accordingly.

List the appeal for hearing on 12th September,

2022.

(I.P. MUKERJI, J.)

(SUBHENDU SAMANTA, J.)