JUDGEMENT
Tapabrata Chakraborty, J. -
(1.) Affidavit of service filed by the petitioner be kept on record. Mr. Bhattacharyya, learned advocate appearing for the petitioners was heard at 2.00 p.m. by this Court. He submitted that the petitioner No. 1 is a tenant in respect of the first floor of the building referred to in the order passed by the learned Debts Recovery Tribunal-1, Kolkata in a case No. SS/255/2017 on 30th December, 2017. By the said order it was, inter alia, directed that State Bank of India (hereinafter referred to as the respondent Bank), being the respondent No. 4 herein shall hand over the physical possession of the first floor of the said building in favour of the landlord, namely, M/s. E.C Bose and Company Pvt. Ltd., being the respondent No. 5 herein.
(2.) He further submitted that the petitioner No. 1 is a travel agent and its tour programme is due to commence on and from 26th January, 2018 but the passports of the Managing Director of the petitioner No. 1 and of the petitioner No. 2 are in the first floor of the said building, which is presently in the physical possession of the respondent Bank and unless the said passports are handed over, the petitioners would have to cancel the tour programme and as such, they have approached this Court only for issuance of a limited direction upon the respondent Bank to hand over only the said passports, the details of which are as follows:
1. Name : Partha Sadhan Bose,
Passport No. : K 1468243,
Date of expiry : 27.02.2022,
2. Name : Chandra Bose,
Passport No. : Z 2540617,
Date of expiry : 03.04.2023.
(3.) Upon hearing Mr. Bhattacharyya and as from the document annexed at page 93 of the writ petition it was explicit that the tour is due to commence on and from 26th January, 2018 and that the flight is scheduled for departure on 13.25 hours on 26th January, 2018 and that in the event the passports are not handed over to the petitioners, the entire tour might have to be cancelled, this Court directed the Chief Manager of the respondent bank, who was present in Court, to visit the said building along with Mr. Tanmay Myukherjee, learned advocate, junior to Mr. Bhattacharyya and to collect the said passports and to report the developments to this Court at 4.15 p.m. It needs to be recorded that Mr. Singh disputed that the petitioner No. 1 is a tenant in respect of the 1st floor of the said building.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.