Calcutta High Court (Appellete Side)
In Re : Swapan Kumar Neogy And Others vs Eastern Industrial Trading ... on 15 July, 2010
Author: Pratap Kumar Ray
Bench: Pratap Kumar Ray
C.O.L.R.T. 3 (W) of 2010
In re : Swapan Kumar Neogy and others
-vs-
Eastern Industrial Trading Corporation
Mr. Tapas Kr. Bhattacharyya,
Mr. S. G. Mukherji,
Ms. A. Gupta
........For the petitioners
Mr. B. B. Bhaduri
........For the respondents
Heard the learned counsel, appearing for the parties.
Having regard to the order passed by the learned Tribunal below, it appears that once the learned Tribunal came to a conclusion that the impugned order was justified, the learned Tribunal ought not to have passed the order setting aside the impugned order before him. Besides such, the point of jurisdiction of the Tribunal is also required to be considered by us on the issue as to whether decree of a civil court in an eviction suit could be assailable before the learned Tribunal below.
Having regard to those legal positions, there will be stay of the impugned order passed by the learned Tribunal till the final disposal of this application.
Since it is a question of jurisdictional aspect which would be dealt with by us, till the final disposal of this application, there will be stay of execution proceedings in Ejectment Execution Case No. 7 of 2010 pending before the Learned Additional Civil Judge (Junior Division) Sealdah.
Let affidavit-in-opposition to this application be filed within two weeks from date; reply thereto, if any, be filed one week thereafter and the matter be listed for hearing three weeks hence.
Let urgent xerox certified copy of this order, if applied for, be delivered to the learned counsel, for the parties, upon compliance of all usual formalities.
2( Pratap Kumar Ray J. ) ( Harish Tandon J.)