M/S. NIZAM RESTAURANT PRIVATE LIMITED AND OTHERS Vs. THE KOLKATA MUNICIPAL CORPORATION
LAWS(CAL)-2012-1-785
HIGH COURT OF CALCUTTA
Decided on January 31,2012

M/S. Nizam Restaurant Private Limited And Others Appellant
VERSUS
The Kolkata Municipal Corporation Respondents

JUDGEMENT

SOUMITRA PAL,J. - (1.) In the writ petition the petitioners have challenged the order dated 21st November, 2011 passed by the Superintendent, S.S. Hogg Market, Kolkata Municipal Corporation, the respondent no.5, on the ground that though the authorities had framed questions, as evident from page 75 of the writ petition, and though the petitioners had submitted written notes of submission as evident from annexure P7 to the writ petition, however, while passing the impugned order the said respondent no.5 had neither considered the issues as framed by themselves nor have taken into consideration the written notes of submission.
(2.) Mr. Ghosh, learned advocate for the petitioners, submits that since the calculation is incorrect and no issues were framed and as the written notes of submission were not considered, the demand may be directed to be quashed and direction may be issued upon the authorities not to take any coercive action as they are paying the current dues.
(3.) Mr. Ashok Kumar Banerjee, learned senior advocate and Mr. Sandip Kumar De and Mr. Anupam Dasadhikari, learned advocates on behalf of the Corporation submit that the calculation, as evident from page 88 of the writ petition, is just and proper.;


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