Calcutta High Court
Narendra Kumar Berlia And Ors vs Om Prakash Berlia And Ors on 30 July, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
OD-3
ORDER SHEET
APO/102/2022
WITH
CS/12/2009
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
NARENDRA KUMAR BERLIA AND ORS.
VS
OM PRAKASH BERLIA AND ORS.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE OM NARAYAN RAI
Date : 30th July, 2025
Appearance:
Mr. Arif Ali, Adv.
Mr. Arnab Sardar, Adv.
Mr. Ratul Das, Adv.
..for the appellants
Mr. S.R. Kakrania, Adv.
Mr. S. Mukherjee, Adv.
...for the respondent nos. 1 and 2
Mr. Lalit Baid, Adv.
Mr. Tamoghna Saha, Adv.
Ms. Sanjana Shaw, Adv.
...for the respondent no. 3
Mr. Aditya Kanodia, Adv.
Ms. Suparna Sardar, Adv.
...for the respondent nos. 4, 5 and 6
Mr. Pranit Bag, Adv.
Mr. Vikram Wadehea, Adv.
Ms. Aasia Hasan, Adv.
Ms. Akansha Yadav, Adv.
Ms. Sakshi
Tiwari, Adv.
...for Dhruva Woolen Mills
Mr. S.B. Dasgupta, Adv.
...for Jt. Special Officers
Ms. Jyotsna Mukherjee, Adv.
Ms. Manimala De, Adv.
...Jt. Special Officers
2
Dictated by Arijit Banerjee, J.
The Court: An order was passed by a Co-ordinate Bench on September 30, 2024, the relevant portion whereof reads as follows:-
"The purchaser Dhruva Wollen Mills Private Limited shall disclose in all Agreements for sale or Deed of Conveyance or Deed of Lease or any transfer entered into by them with a third party in respect of the subject Land at Thane the subject matter of dispute in C.S. 12 of 2009. This compliance should continue till the entire consideration amount is paid. Upon the entire consideration amount being paid the purchaser may pray for waiving the condition before Trial Court. We appoint Smt. Manimala De Advocate Bar Association Room No-1 Mobile 8240965507 and Smt. Jyotsna Mukherjee Advocate Bar Association (m) 9433146289 as Joint Special Officers to conduct inspection at the site of subject land and to submit a report as to the construction which has taken place with necessary photographs and the persons if any in possession thereof. Such inspection should be conducted within a period of thirty days from the date of communication of the order upon notice to all parties and their Learned Advocates. The report of such inspection should be submitted before the Trial Court within ten days from the date of completion of inspection. In the event any agreement for sale is made or conveyance executed or any transfer of portion of the subject property is made such intimation shall be given to the Learned Special Officers by the purchaser. Special Officers upon receiving the information shall file a supplementary report in Court regarding the development. The special Officers are entitled to an initial remuneration of 6000 gms to be paid by the plaintiffs. The expenses of 3 conducting inspection of the Thane property shall be paid by the plaintiffs."
Learned Advocate for the Joint Special Officers tells us that very recently the said order has been communicated to the Special Officers. Extension of time is prayed for to carry out the said order.
We are also told that the said order was carried to the Hon'ble Supreme Court by way of Special Leave Petitions by the parties but such Special Leave Petitions were dismissed.
In view of the aforesaid, the said order has attained finality and needs to be implemented. We extend the time for the Special Officers to carry out such order by a month from date.
We further clarify that the Joint Special Officers will be paid initial remuneration of 6000 GMs each, to be paid by the plaintiffs at the first instance, after deducting TDS.
(ARIJIT BANERJEE, J.) (OM NARAYAN RAI, J.) sg.