Calcutta High Court (Appellete Side)
Prem Chand Shaw vs L.I.C. Of India on 7 November, 2013
Author: Subal Baidya
Bench: Subal Baidya
1 07.11.2013
4(KB) C.O. No. 3106 of 1997 With C.A.N. 10256 of 2012 Prem Chand Shaw Versus L.I.C. of India Mr. M. M. Verma, Mr. Abhishek Verma ... For the petitioner Mr. Dilip Kumar Kundu... For the opposite party Re: C.A.N. 10256 of 2012 Learned advocates of both sides are present.
At the time of hearing of the restoration application, learned advocate for the opposite parties submits that he has not been given any chance to file affidavit-in-opposition to the restoration application.
In view of the above submission, two weeks time is allowed to file affidavit-in-opposition to the application for restoration of possession. 2 At this stage, learned advocate for the petitioner submits that interim order may be granted so that the opposite parties may not let out the premises in question to anybody else. He further submits that till date it has not been let out to anybody.
In this regard, learned advocate for the opposite parties submits that possession of the premises in question was taken on 3rd October, 2012 and the petitioner has not made out any prima facie case for getting an interim order restraining the opposite parties from letting out the premises in question to other persons.
He further submits that even if an interim order is granted that should be for a limited period so that taking the advantage of it the petitioner cannot drag the instant case for an indefinite period.
After hearing the learned advocates of both sides and going through the application for restoration of possession, it appears to me that an interim order for a limited period should be 3 granted so that any third party interest is not created in the meantime.
Accordingly, there shall be an interim order to maintain status quo as on this date in respect of possession of the premises in question for a period of four weeks.
The opposite parties will file affidavit-in- opposition within two weeks from this date and affidavit-in-reply will file within one week thereafter.
The matter will come up for final hearing of the revisional application along with the application for restoration of possession of the premises in question after three weeks.
Urgent photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary legal formalities.
( Subal Baidya, J. )