Bharat Petroleum Corporation ... vs Delight Grith Nirman Pvt. Ltd. & ...
2023 Latest Caselaw 4507 Cal

Dd   08   26.07.2023

                                       MAT 1294 of 2023
                                             with
                                    I.A NO: CAN 1 of 2023
                                   I.A NO: CAN 2 of 2023

                   Bharat Petroleum Corporation Limited & Anr.
                                       Vs.
                      Delight Grith Nirman Pvt. Ltd. & Ors.


                       Mr. Sanjib Kr. Mal,
                       Mr. Bimalendu Das,
                       Mr. Shomrik Das, Advocates
                                      ... ... For the Appellants

                   Mr. Ravi Kr. Dubey, Advocate
                                  ... ... For the Respondent no. 1

In re : I.A NO: CAN 1 of 2023

CAN 1 of 2023 is an application for condonation of delay of 46 days. It is contended on behalf of the appellants that, the clerk who was entrusted to obtain the certified copy, did not do so. Moreover, there is a subsequent change of advocate also.

In view of the content of the application and for the ends of justice, we deem it appropriate to condone the delay of 46 days.

CAN 1 of 2023 is allowed.

In Re : I.A NO: CAN 2 of 2023 CAN 2 of 2023 is an application for stay. The appellants are Oil Company. Appellants were directed to vacate an immovable property which the appellants took on lease and in respect of which the appellants claim thika tenancy, by the impugned judgment and order.

Learned advocate for the appellants submits that the appellants were directed to comply with the impugned order within the time period specified. In the event the impugned order is complied with, the appellants are likely to suffer prejudice. The appellants are operating a petroleum pump on the property concerned.

Learned advocate for the private respondents/petitioners submits that the counsel engaged suffered a medical condition and is unlikely to attend Court for a period of fortnight.

One of the issues falling for consideration is whether a writ Court can direct eviction in the manner as done and without inviting affidavits. Such issue requires consideration.

In such circumstances, it would be appropriate to stay the operation of the impugned judgment and order.

CAN 2 of 2023 is disposed of.

In Re : MAT 1294 of 2023 Informal paper books be filed within three weeks from date incorporating all the papers used before the trial Court.

List the appeal four weeks hence.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)