LAWS(CAL)-2015-5-91

ANANDA MOHAN ROY Vs. HARA PRASAD MOOKERJI

Decided On May 04, 2015
ANANDA MOHAN ROY Appellant
V/S
Hara Prasad Mookerji Respondents

JUDGEMENT

(1.) The appellant is before us, aggrieved by the impugned order dated 13th March, 2015 which was passed by the learned single Judge in Execution Proceeding No. 152 of 2010.

(2.) The challenge is to the direction given by the learned single Judge to the Receiver to handover the premises to respondent Corporation. According to appellant that the respondent/corporation can take steps in the matter in terms of the order passed by the Division Bench of this Court on earlier occasion. According to learned Senior Counsel Mr. P. K. Datta, arguing for the appellant this would mean that West Bengal Small Industries Development Corporation is permitted to re-enter the premises in question after due termination of lease, therefore, the same cannot be allowed directly as there was no such direction.

(3.) We have gone through the judgment of learned single Judge. We have also taken into consideration the argument of learned Senior Counsel Mr.Choudhuri, arguing for respondent/corporation as well as learned Senior Counsel Mr. Mitra, arguing for third party/decree holder.