ANIRBAN ROYCHOUDHURY Vs. RAM KUMAR JHA

JUDGEMENT

(1.) The applicants, who are respondent nos. 3 to 5 in the writ petition, have preferred the present application for review of a judgment and order dated January 30, 2024 passed in WPO No. 1755 of 2023.

(2.) The writ petition had been allowed, setting aside an order of the Competent Authority (CA) under the West Bengal Apartment Ownership Act, 1972 dated October 17, 2023 along with a preceding Show-cause Notice dated October 10, 2023 and reviving the Board of Managers (BoM) prevailing immediately prior to October 17, 2023.

(3.) Learned counsel for the applicants contends that the court failed to take into consideration a letter dated October 7, 2023 whereby the writ petitioner had tendered his resignation from the post of Vice-President. It is argued that as on the date of passing of the order under review, the writ petitioner Ram Kumar Jha no longer retained his status as Manager or Vice President of the concerned Association. Thus, fraud was played on the court by not disclosing that he had put in his papers on October 7, 2023 itself.