M/S Ladymoon Niwas Private Ltd. v. State Of West Bengal And ORS.

23.03.2021 (S/L-13) Ct.-18 (P. Jana) (Via Video Conference) W.P.A. 5950 of 2021 M/s. Ladymoon Niwas Private Limited -Vs- The State of West Bengal & Ors.

Mr. Ashim Kumar Routh, Ms. Anindita Auddy (Das), ....... For the Petitioner.

Mr. Chandi Charan De, Adl. GP, Ms. Chandana Ghosh, ....... For the State.

Mr. Kamal Kumar Chattopadhyay, Mr. T. Ali, ... For the respondent no. 2.

Ms. Urmila Chakraborty, ... For the respondent no. 3.

Leave is granted to the learned counsel for the petitioner to describe the respondent no. 3 properly by amending the cause title of the writ petition. The petitioner claims that in terms of the tripartite agreement between the petitioner and respondent nos. 2 and 3 it has been put into possession of the Unit No. 3B at the Third Floor, together with 2 nos. of car parking spaces in the building "Siddha Fifth Avenue" situated at Plot No. IND-1A, Sector J, East Kolkata within Ward No. 108 of Kolkata Municipal Corporation under Mouza - Kasba in the District - 24 Parganas (South), but the said respondents are not executing and registering appropriate deed of conveyance in its favour.

Ms. Urmila Chakraborty learned advocate for the respondent no. 3 submits that the deed to be executed in favour of the petitioner has been sent to the respondent no. 2 for approval since such approval is necessary.

Mr. Kamal Kumar Chattopadhyay, learned counsel appearing for the respondent no. 2, submits that the respondent no. 3 has approached his client for the said approval but his client requires some time to take steps in this regard as the election has intervened.

In view of such stand of the concerned respondents, WPA 5950 of 2021 is disposed of without going into the question of maintainability of it by requesting the respondent nos. 2 and 3 to take appropriate steps for redressal of the grievance of the petitioner as expeditiously as possible.

Since no affidavit-in-opposition has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents. No order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Biswajit Basu, J.)