Calcutta High Court (Appellete Side)
Smt. Bejoy Laksmi Saha & Ors vs Union Of India & on 2 July, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
1
1 2.7.19 CAN No.2805 of 2019
pd in
W.P. 17117(W) of 2018
Smt. Bejoy Laksmi Saha & Ors. VS. UNION OF INDIA &
ORS.
Re: CAN 2805 of 2019
In re:- Garden Reach Shipbuilders & Engineering Ltd. &
Ors.
Mr. S. Banerjee,
Mr. B. K. Sen ... For the applicants/
Respondents.
Mr. Debasish Roy Ms. Sumitra Das ..for the writ petitioner.
This is an application for modification of the order dated February 6, 2019 passed by this Court in W.P. No.17117(W) of 2018.
By the said order, this Court passed the following order:-
"Under such circumstances, this writ application stands disposed of with a direction upon the officials of Garden Reach Shipbuilders & Engineers Limited to hand over vacant possession of the premises being 2nd floor flat at 13/8, Swinhoie Street, Kolkata 700 019.
The Garden Reach Shipbuilders & Engineers Limited shall intimate to the petitioners the amount of security deposit to be refunded within a week.
This deposit shall be an amount, 2 which was originally deposited by the Company with the landlords at the time of taking over tenancy of the premises in question.
The petitioners and the respondent no.5 shall refund the security deposit, which was originally given to them, by the tenant at the time of creation of the tenancy within a week thereafter.
Once the amount of security deposit is refunded the respondents shall hand over the vacant possession of the said premises to the petitioners and the respondent no. 5, within two weeks from receipt thereof.
This writ application stands disposed of.' It is submitted on behalf of the applicants/respondents that in view of the fact that the premises in question was under
lock and key and the possessions of the erstwhile employee could be in the premises, it may not be possible to hand over the vacant possession of the premises in question to the landlord, i.e., the writ petitioner.
It is further submitted that a proceeding under Section 630 of the Companies Act, 1956 is pending before the learned Judicial Magistrate, 1st Court at Alipore, 24-Parganas (South) and the next date fixed by the court below is September 13, 2019.
It is also urged by the learned 3 Advocate for the respondents that the ex- employee, i.e., Dr. Samar Bijoy Bhowmick, was not attending the proceeding, as a result of which, warrant of arrest has been issued against him by the appropriate criminal court.
It is submitted on behalf of the Company that the employee, who has since retired and was in possession of the premises in question, is absconding and the investigation by the C.B.I. for alleged offences of defalcation and misappropriation is still continuing against him but neither the Investigating Agencies nor the court below has been able to ensure his appearance or have been able to trace him out.
Having regard to the above facts and in view of the decision reported in 2003 (1) CHN, 433 in the case of Rajat Mohan Dutta - Vs- Pran N. Malhan & Anr., I do not find any bar or impediment in appointing a Special Officer in this case to hand over the possession of the premises in question to the 4 petitioner in the writ petition, i.e., the landlord, on the basis of the willingness and communication made by the Company to the said landlord to take over possession of the premises in question, "as is where is basis".
Considering the application for modification, the following directions are passed:-
a) Mr. Bratindra Narayan Roy, a learned Advocate of this Court, is appointed as a Special Officer in this case, who will visit the locale at 4-00 p.m. today along with the Advocate-on-Record of the Company and an authorized officer of the Company as also the Advocate-on-Record of the writ petitioner and/or one of the writ petitioners;
b) Mr. Roy will break open the lock and take symbolic possession of the said property in question and hand over the same to the Advocate-on-Record of the petitioner and her client;
c) Mr. Roy while taking possession 5 of the said property, will inform the local police station about the order passed by this Court;
d) If any articles are found in the premises in question, then the same shall be kept under the safe custody of the respondent No.2-Company;
e) An inventory shall be made by Mr. Roy and the list thereof will be signed by the all the parties;
f) The charges that the Company may incur for transportation and storage of such articles, if any, may be recovered by the Company from the employee in accordance with law; and
g) The remuneration of the Special Officer fixed at Rs.200 GMs., to be borne by the Company.
List the matter again on July 8, 2019 for filing of report by the Special Officer.
Let Photostat plain copy of this order, duly countersigned by the Assistant 6 Registrar (Court), be given to the learned Advocates for the parties on usual undertakings.
(Shampa Sarkar,J.) 7 8