Indian Oil Corporation Limited & ... vs Paromita Bag & Ors
2023 Latest Caselaw 2065 Cal

28.03.2023
Court No.12
S/L. No. 1
  Sourav/
 Suvayan

                                 FMA 288 of 2019

                     Indian Oil Corporation Limited & Ors.
                                      Vs.
                             Paromita Bag & Ors.

              Mr. Jishnu Saha, Sr. Adv.
              Mr. Puspendu Chakraborty
                                                 ...for the appellants.

              Mr. Debabrata Saha Roy
              Mr. Pingal Bhattacharyya
              Mr. Subhankar Das
              Mr. Neil Basu
              Mr. Sankha Biswas
                                               ... for the respondents.

Heard Mr. Jishnu Saha, learned Senior Counsel

being assisted by Mr. Puspendu Chakraborty, learned

Counsel for the appellants and Mr. Debabrata Saha

Roy, learned Counsel for the respondents.

In the present case, the last date of submission

of application was 18.10.2017. Admittedly, the deed of

lease was executed and presented before the office of

the concerned D.S.R. on 17.10.2017. The deed was

registered on 14.11.2017. The requirement of the oil

company in the brochure was that by the last date of

receipt of application, the candidate should have a

registered deed of ownership be it lease or sale in line

with the definition of 'ownership' and 'own' as defined

in the brochure.

The short question arises for consideration is

whether irrespective of the date of registration, if the

deed has been executed prior to the last date of

submission of application can the ownership relates

back to date of execution on registration on a

subsequent date by fiction of Section 47 of the

Registration Act in derogation to the conditions of the

brochure.

Hearing concluded.

Judgment reserved.

Learned Counsel for the parties may file written

notes of submission after exchanging the same

between them on or before April 6, 2023.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)