SULTAN NAGAR MATSYAJIBI SAMABAY SAMITY LIMITED Vs. SHIBPUR MATSYAJIBI SAMABAY SAMITY LIMITED
LAWS(CAL)-2019-9-60
HIGH COURT OF CALCUTTA
Decided on September 09,2019

Sultan Nagar Matsyajibi Samabay Samity Limited Appellant
VERSUS
Shibpur Matsyajibi Samabay Samity Limited Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) In our order dated 2nd September, 2019, we had recorded the name of the disputed Jalkar as Makarsui Beel Jalkar, which should read as Munna Beel Jalkar. So far as other part of the order is concerned, the same shall remain unchanged.
(2.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(3.) Today, in terms of our earlier order dated 2nd September, 2019 - during open bidding - the appellant, namely, Sultan Nagar Matsyajibi Samabay Samity Limited, has come forward with a bid amount of Rs. 6,25,000/- (Rupees six lakhs twenty-five thousand only) as annual lease rent for the remaining period of the lease in respect of Munna Beel Jalkar. This bid amount is substantially higher than the amount bid by the respondent no. 1/writ petitioner in Court and since the respondent no. 1/writ petitioner is unable to bid any amount either matching or higher than the amount as bid by the appellant, we declare the appellant as the highest bidder. In the event, the appellant is able to secure the amount of Rs. 6,25,000/- - to the satisfaction of the concerned authority of the State - within a period of a fortnight from date, the concerned Jalkar, namely, Munna Beel Jalkar, shall be settled in its favour, strictly in terms of the lease agreement, subject to fulfillment of all eligibility criteria as applicable. In default of making such payment within the time-frame as specified hereinbefore, it will be open to the concerned authority of the State to call for a fresh auction where the base bid price should not be less than the amount which has been bid today by the appellant, Sultan Nagar Matsyajibi Samabay Samity Limited.;


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