Calcutta High Court (Appellete Side)
M/S. Vishwamitra Ramkumar vs M/S. Ghosh & Sons Private Limited on 28 January, 2021
27,DL,Ct.18 28.01.2021
AJ.
C.O. 101 of 2021 ( Via Video Conference) M/s. Vishwamitra Ramkumar
-Vs-
M/s. Ghosh & Sons Private Limited Mr. Partha Pratim Roy, Mr. Lutful Haque.
... for the petitioner.
Mr. Ayan Banerjee, Ms. Debasree Dhamali.
.....for the opposite party. The Executing Court by the order impugned has allowed an application filed by the opposite party for repossession.
Mr. Roy learned advocate appearing on behalf of the petitioner submits that the decree being a decree in terms of Section 18A of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the 'said Act' in short) the Executing Court has no jurisdiction to pass a direction for repossession as the jurisdiction in this regard under sub-section (2) of Section 18A of the said Act vests with the Controller.
Mr. Roy has made a prima facie arguable case requiring further hearing of the present revisional application.
Let the matter appear in the Supplementary List on February 24, 2021 under the heading "Contested Application".
2There shall be stay of all further proceedings of Ejectment Execution Case No. 85 of 2008 pending before the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta till the end of the month of February, 2021 or until further orders, whichever is earlier.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)