Supreme Court - Daily Orders
K.K. Saha And Co. Pvt Ltd vs Ashok Agarwal on 9 February, 2018
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
1
ITEM NO.48 COURT NO.11 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 25607/2017
(Arising out of impugned final judgment and order dated 16-03-2017
in CO No. 3777/2016 passed by the High Court At Calcutta)
K.K. SAHA AND CO. PVT. LTD. Petitioner(s)
VERSUS
ASHOK AGARWAL Respondent(s)
(With Interim Relief and IA No.85595/2017-EXEMPTION FROM FILING C/C
OF THE IMPUGNED JUDGMENT)
Date : 09-02-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE UDAY UMESH LALIT
Mr. Rajiv Dutta, Sr.Adv.(A.C.)
For Petitioner(s) Mr. Shuvasish Sengupta,Adv.
Mr. Subhra Das,Adv.
Mr. Sanchit Guru,Adv.
Mr. Jamnesh Kumar,Adv.
Mr. Himanshu Shekhar, AOR
For Respondent(s) Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee,Adv.
Mr. Saurav Gupta,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard.
It is stated by learned counsel for the petitioner that even though if the West Bengal Premises Tenancy Act, 1997 is not applicable the plaintiff may be able to seek the rent/user charges at higher than the applicable rent, the plea that the Act was not Signature Not Verified applicable not been gone into by the High Court. Digitally signed by MAHABIR SINGH Date: 2018.02.10 12:04:36 IST Reason:
The High Court has proceeded on the footing that the said rent Act is applicable without going into the said question. 2 In these circumstances, we permit the petitioner to move the High Court so that the High Court may now determine whether the said rent Act is applicable and in case the same is not applicable, the High Court may further consider the matter in accordance with law.
We make it clear that we have not expressed any opinion on the merits of the case.
The special leave petition is accordingly disposed of. Pending applications, if any, shall also stand disposed of.
(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER