Limited & Anr vs State Bank Of India & Ors
2023 Latest Caselaw 2471 Cal

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11.04.2023

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W.P.A. No. 4153 of 2015

Unmesh Properties Private Limited & Anr.

Vs.

State Bank of India & Ors.

Mr. Sandip Kumar De, Mr. Abhijit Sarkar, Mr. Abhik Chitta Kundu, Mr. Souvik Sana ...for the petitioners

Mr. Debashis Saha ...for the State Bank of India

The limited point involved in the present writ

petition is whether the State Bank of India, as a

custodian of the property purchased by the

petitioners from the Union of India, was liable to

pay the entire amount of municipal taxes in respect

of the property, till purchase of the property by the

petitioners.

It is seen from the records that the petitioners

rely on certain documents to indicate that the State

Bank of India repeatedly assured that it would clear

all the amounts of municipal taxes in that regard.

However, the State Bank of India, through

counsel, is now taking a stand that the State Bank

of India only functioned in the capacity of a

custodian of the property for a limited period, as an

agent of the Union of India, and even as per the

deed executed in favour of the petitioners, it is the

vendor (Union of India), who is liable to pay the

amount-in-question to the petitioner.

Heard learned counsel for the parties.

Judgment is reserved in the matter.

(Sabyasachi Bhattacharyya, J.)