Calcutta High Court
Nirmal Kumar Sadhukhan And Ors vs Unknown on 14 November, 2024
OD-54
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ATA/6/2024
IN THE MATTER OF:
NIRMAL KUMAR SADHUKHAN AND ORS
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : November 14, 2024.
Appearance:
Mr. Arnab Dutt, Adv.
Ms. Labani Dey, Adv.
Mr. Chandrachur Biswas, Adv.
Ms. S. Mukherjee, Adv.
... for the Trustee/petitioner Mr. Sakabda Ray, Adv.
Mr. S. Dutt, Adv.
... for the proposed purchaser The Court: Mr. Arnab Dutt, learned counsel, is appearing for the petitioner.
Mr. Sakabda Ray, learned counsel, is appearing for the proposed purchaser.
In terms of the order passed by this Court dated 27th September, 2024 the petitioner has published the advertisement on 9th October, 2024 in the newspapers, namely, The Statesman and Sanmarg with regard to the sale of the property in question. In terms of the said publication, the Trustees have received one offer from AKS Treasury Management LLP, 23, N. S. Road, Treasury Building, Kolkata - 700001 on 13th November, 2024 wherein the said proposed purchaser has indicated that the said firm is ready to purchase the said property for a total sum of Rs.3.51 crores and as per the direction passed by this Court the proposed purchaser has also 2 submitted a Demand Draft of Rs.70,20,000/- being the 20% of the proposed purchase amount of Yes Bank, Burrabazar Branch, Kolkata dated 13th November, 2024 in the name of Shri Shri Iswar Sreedhar Jew Debutter Estate.
Let the proposal of the proposed purchaser along with the Demand Draft be kept in the safe custody of this Court.
The petitioner has also filed an affidavit showing that the petitioner has communicated the order dated 27th September, 2024 to the Executive Engineer, Building Department, Kolkata Municipal Corporation on 5 th October, 2024 which was duly received on 19th October, 2024 but in spite of receipt of the said order, no report has been filed by the Executive Engineer, Building Department, Kolkata Municipal Corporation, Ward No.46. The affidavit filed by the petitioner be kept with the record.
Though there is a specific direction passed by this Court dated 27th September, 2024 upon the Executive Engineer, Building Department of Kolkata Municipal Corporation, Ward No. 46, New Market to inspect the premises and to submit report before this Court with regard to the stability of the premises in question but in spite of receipt of the order, no report has been submitted.
Accordingly, the Executive Engineer, Building Department, Kolkata Municipal Corporation is directed to submit the report within two weeks from date.
The petitioner is directed to communicate this order to the Executive Engineer, Building Department, Kolkata Municipal Corporation and to the Director General, Building Department, Kolkata Municipal Corporation, 3 Ward No.46, New Market, Kolkata for compliance of the order passed by this Court dated 27th September, 2024 and for filing report.
It is made clear that if the Municipal Corporation fails to submit the report by the time as specified above, appropriate orders will be passed.
List the matter on 28th November, 2024 at the top under the heading "Orders".
(KRISHNA RAO, J.) RS