Star Abasan Private Limited vs The State Of West Bengal & Ors
2023 Latest Caselaw 7070 Cal

12.10.2023 Item No.9 Ct. No.5 CHC

M.A.T.2021 of 2023 IA NO: CAN/1/2023

Star Abasan Private Limited Vs.

The State of West Bengal & ors.

Mr. Mainak Bose, Advocate Mr. Anuj Singh, Mr. V.V.V. Sastry, Mr. Anirudh Goyal ...for the appellant/petitioner

Md. T. M. Siddiqui, Ld. A.G.P. Mr. S. Adak ...for the State

The appeal is directed against the judgment

and order dated September 19, 2023 passed in

W.P.A.2028 of 2018.

By the impugned judgment and order, the

learned First Court, dismissed the writ petition.

Learned advocate appearing for the appellant

submits that, the appellant was enjoying interim

order with regard to possession. In support of such

attention, he draws the attention of the Court to the

orders dated July 4, 2018 and July 11, 2018.

State is represented.

The appellant claims that it entered into a

development agreement with an Article 12 authority

for development of an immovable property. Appellant

expended huge amounts in such development. There

were disputes and differences between the appellant

and such Article 12 authority by reason of which, an

arbitration took place since, there was an arbitration

agreement.

Such arbitration proceeding culminated into

by an award dated August 31, 2017. Such award was

not challenged under the provisions of the Arbitration

and Conciliation Act, 1996 and that, such award

partook the status of a decree.

Learned advocate appearing for the appellant

submits that, during the pendency of the appeal, the

same protection as was extended by the learned First

Court, by way of interim orders dated July 4, 2018

and July 11, 2018 should be extended.

The appeal is required to be heard.

Appellant will file informal paper-book

incorporating all the papers used by the respective

parties before the learned First Court.

Let such informal paper-book be filed by

November 30, 2023.

List the appeal in the Combined Monthly

List of December, 2023.

So far as interim order is concerned, the

orders dated July 4, 2018 and July 11, 2018 spoke of

an expectation on the State not to interfere with

regard to the possession of the appellant till the

disposal of the writ petition.

The writ petition was heard on merits and

decided. The appellant was unsuccessful in the writ

petition.

Ownership of State in respect of the land in

question is not disputed.

In such circumstances, we are of the view

that, interim protection that can be granted to the

appellant, in the present case is that, in the event,

State takes possession of the property in question,

then such possession will abide by the result of the

appeal.

CAN/1/2023 is disposed of accordingly.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)