The Nawn Estates Private Limited And ANR. v. Mercantile Buildings Tenants Association And ORS

ORDER

OD-6 APOT/1/2022 WPO/1212/2021 IA NO.GA/1/2022

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE THE NAWN ESTATES PRIVATE LIMITED & ANR.

VERSUS

MERCANTILE BUILDINGS TENANTS ASSOCIATION & ORS.

BEFORE:

THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA THE HON'BLE JUSTICE RAJARSHI BHARADWAJ DATE : 8TH APRIL, 2022 APPEARANCE:

Mr. Pranit Bag, Advocate ......for the appellants Mr. Sinddhartha Banerjee, Advocate Mr. Rajib Mullick, Advocate ...... for private respondent nos.1 & 2 Dr. Madhusudan Saha Roy, Advocate .....for respondent nos. 3 and 4 Mr. Debasish Ghosh, Advocate ... for State Sk. Md. Galib, Advocate Mr. Abu Siddique Mallik, Advocate ....for respondent no. 5 The Court:- The appellants being the landlord of the premises and the respondents in the writ petition have challenged the order of the learned Single Judge dated 20th December, 2021 whereby while disposing of the WPO/1212/2021, the learned Single Judge had directed the respondent nos. 10 and 11 to ensure that the signature of the owner should be put on the fresh application upon being so approached by the tenants' association. Counsel for the parties have pointed out that subsequently that issue has been resolved and in another Writ Petition being WPO/1612/2022 at the instance of the Mercantile Buildings Tenants' Association, the learned

Single Judge has dispensed with the signature of the owner in the peculiar facts and circumstances of the case.

Hence, with consent the order under challenge stands modified in terms of the subsequent order passed in WPO/1612/2022 and the appeal is accordingly disposed of.

(PRAKASH SHRIVASTAVA, C.J.) (RAJARSHI BHARADWAJ, J.) sm/akg