Calcutta High Court (Appellete Side)
Bengal Bonded Warehouse Ltd vs Morris Baflour & on 24 November, 2017
Author: Aniruddha Bose
Bench: Aniruddha Bose
1
24.11.2017
20
Ct. No.24 M.A.T. 1755 of 2017
CHC
with
C.A.N.9918 of 2017
Bengal Bonded Warehouse Ltd. Vs. Morris Baflour &
ors.
With
MAT 1757 of 2017
(Assigned)
Bengal Bonded Warehouse Ltd. vs. N. Sengupta & Co.
represented by its proprietor Parimal Acharya & ors.
With
MAT 1758 of 2017
(Assigned)
Bengal Bonded Warehouse Ltd. vs. Digbijoy Express
Pvt. Ltd.
With
MAT 1759 of 2017
(Assigned)
Bengal Bonded Warehouse Ltd. vs. Salik Ram Mishra
& ors.
With
MAT 1760 of 2017
Bengal Bonded Warehouse Ltd. vs. Jagadamba
Enterprises, proprietor Sunil Kumar Dutta & ors.
With
MAT 1761 of 2017
Bengal Bonded Warehouse Ltd. vs. AD line, a sole
proprietorship form owned by Indrajit Banerjee & ors.
With
MAT 1762 of 2017
Bengal Bonded Warehouse Ltd. vs. The A to Z
Company, a partnership firm being represented by its
Partner Prithwi Guha Neogy & ors.
With
MAT 1763 of 2017
Bengal Bonded Warehouse Ltd. vs. Dinesh Kumar
Agarwal & ors.
With
MAT 1764 of 2017
Bengal Bonded Warehouse Ltd. vs. Volman Treading
Corporation, a sole propreitorship firm owned by
Gautam Mukherjee & ors.
With
2
MAT 1765 of 2017
(Assigned)
Bengal Bonded Warehouse Ltd. vs. Fashion Kraft AND
COMPANY REPRESENTED BY ITS SOLE
PROPRIETORS Subhra Acharya & ors.
With
MAT 1766 of 2017
Bengal Bonded Warehouse Ltd. vs. Jitendra Mishra &
ors.
With
MAT 1767 of 2017
Bengal Bonded Warehouse Ltd. vs. Rayes Agency, a
proprietorship firm being represented by its sole
proprietor Satya Prakash Dutta & ors.
With
MAT 1768 of 2017
Bengal Bonded Warehouse Ltd. vs. Errand Express
Ltd. & ors.
With
MAT 1769 of 2017
Bengal Bonded Warehouse Ltd. vs. J. N. Mukherjee
Co. Pvt. Ltd. & ors.
With
APOT 203 of 2017
Bengal Bonded Warehouse Ltd. vs. Paschim Banga
Krishi Upakaran Byabsayik Kalyan Samity & ors.
With
W.P.432 of 2017
With
APOT 204 of 2017
Bengal Bonded Warehouse Ltd. & anr. vs. Bengal
Banded Warehouse Tenants' Welfare Asso. & ors.
With
W.P.410 of 2017
with
APOT 205 of 2017
Bengal Bonded Warehouse Ltd. vs. ICAEDU Skills Pvt.
Ltd. & ors.
With
W.P.380 of 2017
With
APOT 206 of 2017
Bengal Bonded Warehouse Ltd. vs. Swapan Kr. Bhadra
3
& ors.
With
W.P.411 of 2017
with
APOT 207 of 2017
Bengal Bonded Warehouse Ltd. vs. M/s. Friend's
Stores & ors.
With
W.P.399 of 2017
with
APOT 208 of 2017
Bengal Bonded Warehouse Ltd. vs. M/s. Tantia
Constructions Ltd. & ors.
With
W.P.382 of 2017
With
APOT 209 of 2017
Bengal Bonded Warehouse Ltd. vs. M/s. Baijnath &
Sons & ors.
With
W.P.437 of 2017
MR.ABHRAJIT MITRA,SR.ADVOCATE, MR.ARINDAM BANERJEE,
MS.PRITHA BASU, MS.A.CHATTERJEE, MS.S.BASU,ADVOCATES FOR
APPELLANTS
MR.R.L.MITRA, MR.NIRMALYA DASGUPTA, MS.PRIYANKA DHAR,
ADVOCATES FOR NIPHA SALES.
MR.MAINAK BOSE, MS.PIYALI SENGUPTA, MR.S.K.BAID, ADVOCATES FOR
RESPONDENT
MR.RUPAK GHOSH, MR.AYAN BARAL, ADVOCATES FOR MORRIS BALFOUR MR.K.K.MAITRA,SR.ADVOCATE, MR.D.S.BANERJEE, MR.APU BISWAS, ADVOCATES FOR RESPONDENT NOS.1 TO 39 MR.ASHOK KR.BANERJEE,SR.ADVOCATE, MR.ALAK KR.GHOSH, MR.SWAPAN KR.DEBNATH, MR.D.MANDAL, ADVOCATES FOR KMC MR.KRISHNA DAS PODDAR ADVOCATE FOR RESPONDENT NO.1 IN MAT NO.1755 OF 2017 MR.S.N.MITRA, SR.ADVOCATE, MR.S.BHATTACHARYA, MR.A.ROY, MR.JAYANTA SENGUPTA, MR.RATUL DAS, MR.SAGNIK BASU, MS.N.BAHAL, ADVOCATES FOR RESPONDENT IN ICA EDUSKILLS MR.MANOJ MALHOTRA, MR.SUMAN DEY, ADVOCATES FOR STATE MS. SHYAMALI DAS.....(IN PERSON) 4 We have taken note of two reports of Jadavpur University appearing at pages 500 and 511 of the stay petition registered as CAN No.9918 of 2017 in M.A.T.1755 of 2017 (Bengal Bonded Ware House Limited Vs. Morris Balfour And Co. & Ors.). We have also gone through the report of the learned Special Officer, which is at page 564 of the stay petition.
Before proceeding further with hearing of these appeals, we request the Department of Construction Engineering Jadavpur University to apprise us by a report on stability of the building at 27, N.S. Bose Road. In particular, we wish to be apprised of the position if the urgent repair as directed by the order of the learned First Court in relation to building no.27, N.S.Bose Road is carried out, whether the expert body of the University would alter their position to the extent the same recommended demolition of that building. In course of hearing today, our notice was brought to the following portion of the order dated 22nd September, 2017:- 5
" The interim order shall not be operative in respect of this portion also but if any one takes any step to break down this portion, the same shall be done without in any manner affecting all other portions of the said premises. The occupants of 27, N.S.Bose Road and in particular the writ petitioners shall be at liberty to repair such portions of the said building which requires urgent repair at their own cost in consultation with K.M.C.. This will, however, not create any extra right or equity in their favour.
If the protruding verandah referred above is repairable and is repaired by the writ petitioners at their own cost in consultation with the K.M.C., it may not be necessary to break down the same. The writ petitioners must keep in their mind that the safety of people is of paramount importance and life or limbs cannot be put at any kind of risk."
The report shall be produced before this Court on 1st December, 2017.
Let no repair work be carried on till December 2017, as we find the order was passed on 22nd September, 2017 and there is no material before us to show anything was done during this period. 6
At the time of hearing of these appeals, one lady, representing herself to be Shyamali Das, a grand daughter-in-law of Rani Rashmoni claimed that she has stake on the land on which the subject buildings stand. We are not testing the legality of ownership of the lands in these appeals. We however give liberty to her to file an application, as prayed for by her.
Department to Communicate this order to the Jadavpur University forthwith.
Let these matters appear in the list on 1st December, 2017 at 10.30 A.M. (Aniruddha Bose, J.) (Arindam Sinha, J.) 7