Calcutta High Court (Appellete Side)
Arup Sarkar vs Cesc & Ors on 19 November, 2019
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
1 S/L 36 19.11.2019Ct. No. 23
SD W.P. 18367 (W) of 2019 Arup Sarkar Vs. CESC & Ors.
Mr. Usuf Ali Dewan Mr. Soumyajit Das Mahapatra ... for the Petitioner.
Mr. Rajiv Lall ... for the CESC.
I have heard counsel appearing on behalf of the parties. The issue in the present writ petition is whether a space taken up by a lawyer on the ground floor of the apartment be treated as a commercial use or not. The determinative factor would be the nature and character of a lawyer's chamber. If it were to be held that a lawyer's chamber is for commercial purpose, then in the event commercial purpose may be applicable on the same. However, if the law states that the lawyer's chamber is not treated as a commercial use, domestic connection should be given to such premises.
Counsel for the parties are directed to come back with the judgments in support of their submissions on the next date.
Let the matter appear on November 29, 2019.
(Shekhar B. Saraf, J.)