Calcutta High Court
Siliguri Jalpaiguri Development ... vs Bengal Unitech Universal ... on 16 August, 2023
IN THE HIGH COURT AT CALCUTTA
In appeal from its
ORDINARY ORIGINAL CIVIL JURISDICTION
CIVIL APPELLATE JURISDICTION
(Commercial Division)
IA No. GA 1 of 2023
APOT No. 262 of 2023
with
EC No. 91 of 2023
Siliguri Jalpaiguri Development Authority
Versus
Bengal Unitech Universal Siliguri Projects Ltd.
IA No. GA 1 of 2023
IA No. GA 2 of 2023
APO No. 118 of 2023
with
EC No. 91 of 2023
Terai Rea Company Ltd.
Versus
Siliguri Jalpaiguri Development Authority & Ors.
Before:
The Hon'ble Justice I. P. MUKERJI
And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 16th August 2023
Appearance:
Mr. Anindya Kr. Mitra, Sr. Advocate
Mr. K. R. Thaker, Advocate
Mr. Rupak Ghosh, Advocate
Mr. Rittick Chowdhury, Advocate
Mr. Niladri Banerjee, Advocate
Soumyajyoti Nandy, Advocate
Mr. Deepankar Thakur, Advocate
for the appellant in APO 118/2023
Mr. S. N. Mookherjee,
Ld. Advocate General
& Sr. Advocate
Mr. Anirban Ray, Advocate
Mr. Raja Saha, Advocate
Mr. Chayan Gupta, Advocate
Mr. Sandip Dasgupta, Advocate
for SJDA
Mr. Sourjyo Mukherjee, Advocate
Mr. Ashish Shal, Advocate
for respondent no.1
Mr. Jayanta Kr. Mitra, Sr. Advocate
Mr. Ahin Choudhury, Sr. Advocate
Mr. Ranjan Bachawat, Sr. Advocate
Mr. Suddha Satva Banerjee, Advocate
Mr. Anujit Mookherjee, Advocate
Mr. Rajdeep Mantha, Advocate
for SLRL Agency
The Court: Order in terms of prayer (a) of the stay petition,
subject to the point of maintainability raised by Mr. Jayanta Kumar
Mitra, learned senior advocate appearing for SlRl Agency Private
Limited that having consented to the passing of the impugned
judgment and order, the appellant is estopped from preferring this
appeal.
The appeal (APOT 262 of 2023) and the stay petition (IA No.
GA 1 of 2023) are to appear alongwith APO No. 118 of 2023 with IA
No. GA 1 of 2023 and IA No. GA 2 of 2023 appearing as serial no. 5 of
today's list on, 29th August 2023.
Leave is given to the appellant in APO No. 118 of 2023 to file
an additional memorandum of appeal by 25th August 2023 and serve a
copy thereof on the respondents in that appeal.
Affidavit-in-opposition be filed by 22nd August 2023. Reply, if
any, may be filed by 28th August 2023.
In this appeal Siliguri Jalpaiguri Development Authority is the
judgment-debtor before the learned trial judge in the execution
proceedings. Sale of the subject property has more or less been
confirmed in favour of Mr. Jayanta Kumar Mitra, learned senior
advocate's client, SLRL Agency Private Limited, at a consideration of
Rs.400 crores.
We note that the reserve price as fixed by the court was
Rs.322 crores. No offer of or above the reserve price was initially
received. Thereafter the court accepted the offer of SLRL Agency.
The short point canvassed by the learned Advocate General is
that in accepting the bid of SLRL Agency the usual procedure of
conducting sale in execution was not followed by the court. Bids were
not invited after wide advertisement or accepted after holding an
auction.
Prima facie it appears to us that no higher offer was available
before the court or could be available in the reasonable contemplation
of the learned judge.
However, considering the legal point taken we have to give a
chance to the appellant to justify their case.
For the time we grant an opportunity to the appellant to bring
to this court an offer higher than Rs.400 crores on the returnable date.
If they succeed in doing so, the court might consider their case further.
(I. P. MUKERJI, J.)
(BISWAROOP CHOWDHURY, J.)
R. Bose
