Calcutta High Court (Appellete Side)
(Sukhen Sardar vs The Union Of India & Ors.) on 25 November, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
1
56 25.11.2016
jb.
W.P. 25803(W) of 2016
(Sukhen Sardar vs. The Union of India & Ors.)
Mr. Sankar Nath Mukherjee
.... For the Petitioner
Mr. Jishnu Chowdhury
Mr. Soumabho Ghose
Ms. Riti Basu
Mr. S. K. Singhi
.... For the Respondent no. 3
It is reported that because of certain internal dispute between the private parties, possession of a bus bearing registration no. WB-19G/2589 (hereafter the vehicle) could not be handed over to the petitioner. The parties have prayed for appropriate direction from the Court.
Accordingly, it is directed that the vehicle shall be brought before Bhabani Bhavan on next Sunday (27th November, 2016) at 12 noon by the respondent no. 2. The petitioner, if satisfied that the vehicle is in order, shall be at liberty to take over possession of the same. Appropriate receipt shall be granted in favour of the respondent no. 2 by the petitioner in lieu of taking possession of the vehicle. 2 In the event the petitioner takes possession of the vehicle, he shall be entitled to ply the same in accordance with the conditions of the permit issued in his favour. The respondent no. 2 shall also be at liberty to proceed in accordance with law under Section 14 of the Securitisation Act for taking possession of the vehicle should the petitioner be not satisfied and decline possession being handed over to him. In such event the respondent no. 2 shall be at liberty to take back the vehicle and keep it in its possession without creating any third party interest until further orders of this Court.
Developments, if any shall be reported on 30th November, 2016, when the writ petition shall be listed under the heading 'To be Mentioned'.
(Dipankar Datta, J.)