Calcutta High Court (Appellete Side)
Hindusthan Petroleum Corpn. Ltd vs Dilip Kumar Roy Sarkar & Ors on 7 January, 2014
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1
1 07.01. S.A.T. 97 of 2013
ns 2014 &
CAN No.2822 of 2013
Hindusthan Petroleum Corpn. Ltd.
- Versus -
Dilip Kumar Roy Sarkar & ors.
Mr. Dilip Kumar Kundu,
Mr. A. Basu ... for the appellant.
Mr. Amalesh Roy .... For the respondents.
The respondent no.4 has died. His death be recorded. His heirs are already on record. His name be deleted from the cause title.
In deference to the desire of this Court, Mr. Dilip Kumar Kundu, learned counsel appearing for the appellant / Petroleum company informs this Court, his client is agreeable to enhance the occupation charges at Rs.50,000/- per month.
Mr. Amalesh Roy, learned counsel appearing for the respondents, on instruction, submits, the respondents are agreeable to accept the same, subject to the result of the appeal.
The hearing of the appeal is expedited. The appeal would be heard on the following grounds:-
"III. For that both the Learned Courts below ought to have held that the provisions of Section 5(2) and 7(3) of the ESSO (Acquisition of Undertakings in India) Act, 1974 are not violative of Article 300A of the Constitution of India and therefore the renewal of Lease on same terms and conditions is reasonable, just and fair in order to achieve object of the said Act.
V. For that the learned Appellate Court has not decided the very material point raised by the Appellant that in view of Sections 5(2) and 7(3) of the ESSO (Acquisition of Undertakings in India) Act, 1974 the Appellant is entitled to continue with the possession of the suit property as Lessee.
VI. For that both the Courts below while passing the impugned Judgment and Decree failed to consider that the Appellant is holding 2 Lease beyond 12 years and therefore in terms of Section 7 of Non-Agricultural Tenancy Act the Appellant has accrued right of non-ejectable one.
VIII. For that the Learned First Appellate Court below erred in law to hold that statutory provision under Non-Agricultural Tenancy Act Section 7 or provision of Section 3A of Land Reforms Act are not applicable to this Lease. IX. For that the learned First Appellate Court below erred in law to hold that the application for amendment of Written Statement in Appellate stage is not permissible in law." Let the lower Court records of this case be called for through special messenger immediately.
The appellant is directed to deposit the special messenger costs to bring the lower Courts' records within a week from date.
After arrival of the lower Court record, office shall examine the same and if found complete, shall serve notice of arrival of lower Court record on the learned Advocate for the appellant at once.
The appellant is given liberty to prepare and file requisite number of informal paper books - printed, typewritten or cyclostyled, as the case may be, out of court, within a period of four weeks from the date of service of notice of arrival of lower Court record on the learned Advocate for the appellant.
As soon as the paper book is filed, place it for 'for hearing'. In default of steps being taken, place it for final orders.
There would be a stay of operation of the decree provided the appellant would continue to pay Rs.50,000/- per month as occupation charges for the suit premises commencing from January, 2013 until further orders.
The arrear be paid by 12 equal monthly instalments payable along with the current monthly occupation charges that would be paid on and from February 7, 2014 and thereafter on the 7th day of each succeeding month.
The application being CAN 2822 of 2013 is disposed of without any order as to costs.
Urgent certified copy of this order, if applied for, be given to the parties, on priority basis.
( Banerjee, J. ) 3 ( Arijit Banerjee, J. )