S.K. Chakraborty, J. - (1.) The writ petitioner Hotel Sonar Bangla (Digha), a partnership firm claims in W.P. No. 25701(W) of 2007, inter alia, that the respondent No. 3 Amitava Basu was the owner of Hotel Omega at Barrister Colony, Digha. In terms of a letter dated 04.12.2006 the said respondent No. 3 agreed to sell the said hotel at a consideration of Rs. 70,00,000/ - on condition that the petitioner firm will liquidate a loan of Rs. 50,00,000/ -taken by the respondent No. 3 from the proforma respondent No. 4, Balagaria Central Cooperative Bank Limited, Digha Branch against mortgage of the said hotel and the balance amount of Rs. 20,00,000/ -shall be paid to the said respondent No. 3 of which Rs. 10,00,000/ - is to be paid in advance and the balance Rs. 10,00,000/ - at or before registration of the said property.
(2.) Thereafter, the petitioner firm negotiated with the respondent No. 4 Balagaria Cooperative Bank Limited, Digha Branch for obtaining a fresh loan of Rs. 50,00,000/ - in the name of the petitioner firm and in letter dated 10th December, 2006 has clearly stated that the said loan was sought for to purchase the said hotel on 11.12.2006. The petitioner firm also approached the Chairman of the said cooperative bank to issue a 'no objection certificate' from the said bank for disposal of the said hotel in their favour by the respondent No. 3.
(3.) Thereafter the petitioner firm entered into an agreement for sale with the respondent No. 3 and the agreement for sale dated 12.12.2006 was registered at the office of the Additional District Sub -Registrar, Ramnagar, Purba Medinipur.;