Calcutta High Court (Appellete Side)
Ashoke Kumar Bhandary @ Ashoke Bhandary vs Anupam Kanji & Ors on 22 September, 2021
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
S/L 2 22.09.2021Court. No. 7
sb CO 1492 of 2021 (Via Video Conference) Ashoke Kumar Bhandary @ Ashoke Bhandary Vs. Anupam Kanji & Ors.
Mr. Sandip Das, Advocate ...for the preemptee/petitioner. Mr. Das, the learned advocate for the pre- emptee/petitioner has raised a valid question as to whether the pre-emptor can be allowed to deposit the balance consideration money after expiry of the stipulated time meant for exercise of the right of preemption under Section 8 of the West Bengal Land Reforms Act in view of the judgment of the Hon'ble Supreme Court of India in the case of Barasat Eye Hospital & Ors. Vs. Kaustabh Mondal, reported at 2019 (19) SCC 767.
It appears from the materials on record that the application for pre-emption in the instant case is on the ground of co-sharership. In a judgment delivered on July 16, 2021 in CO No. 785 of 2021 (Sk. Abdul Odud Ali Vs. Emanulla Khan & Ors.) a coordinate bench has referred a similar issue before the Hon'ble the Chief Justice (Acting) for assignment before a Larger Bench. In view thereof, the hearing of this matter stands adjourned till the reference is answered.
2The petitioner is directed to serve a copy of this application upon the opposite parties by Speed Post with Acknowledgment Due within a week from date and to file an affidavit-of-service on the next date of hearing.
There shall be an order of stay of all further proceedings in Misc. Case No. 72 of 2013 pending before the learned Civil Judge (Junior Division), 2nd Court at Diamond Harbour till the end of January, 2022 or until further orders whichever is earlier.
Parties will be at liberty to take appropriate steps upon notice to each other.
(Hiranmay Bhattacharyya, J.)