Calcutta High Court (Appellete Side)
Showkatul Islam & Ors vs Ganapati Devi Baid & Ors on 22 November, 2017
1 22/11/2017
ARDR C.O. 3640 of 2017 Showkatul Islam & ors.
Vs. Ganapati Devi Baid & ors.
Mr. Asish Chandra Bagchi, Ms. Malyasree Maity, ...for the petitioners.
Mr. Soumendra Mohan Rakshit, ...for the O.Ps.
After hearing the learned counsel appearing on behalf of the respective parties and in view of the judgment reported in 74 CWN page 42 in the case of Krity Basu vs. Peary Mohan Sarkar & ors., I am of the view that the application under Section 17(2) of the WBPT Act and the application under Section 17(3) of the said Act should be disposed of separately.
Accordingly, I direct the learned trial Court to hear the application under Section 17(2) of the WBPT Act first and if it decides in favour of the plaintiff/landlord, in that case, he shall pass the order in connection with the application under Section 17(3) of the said Act. It is made clear that 17(2) application be disposed of before Christmas Vacation.
The cost, as imposed by the learned trial Court be reduced to Rs.3,000/- instead of Rs.5,000/-, which is to be paid by the petitioner herein at the time of hearing of the application u/s 17(2), otherwise the application under Section 17(2) of the said Act will be disposed of ex parte.
2With this direction, the C.O. stands disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties.
(Siddhartha Chattopadhyay, J.)