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Judgment
Biswajit Basu, J
The present revisional applications under Article 227 of the Constitution of India are arising out of Miscellaneous Appeal No. 17 of 2019 and are
directed against the order no. 15 dated November 26, 2019 passed by the Learned Chief Judge, City Civil Court at Calcutta in the said appeal as such
both the matters are taken up together for disposal.
The petitioner of Essel Mining & Industries Limited, the company in short, is the petitioner of CO 75 of 2020.
The said company suffered an order of eviction under Section 5(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
The said company aggrieved by the said order of eviction has preferred the connected misc. appeal.
In the said appeal the said company filed an application praying that leave may be granted to it to remove all of its records, files, furniture and other
materials etc. lying in the suit flat.
The Learned Appeal Court below by the order impugned being Order NO. 15 dated November 26, 2019 has allowed the said company to remove its
books, files, magazines and other documents but not its furniture. The appeal Court however allowed the said company to handover the peaceful
possession of the suit flat to the L.I.C.I.
The said company is aggrieved by the part of the order not allowing to remove its furniture from the suit flat.
The L.I.C.I has also challenged the part of the self-same order whereby the said company was allowed to remove its books, magazine etc. in C.O.
4445 of 2019.
On perusal of the written objection to the said application it appears that the L.I.C.I is not objecting to the proposal of the said company to handover
the possession of the suit flat.
Let the possession of the suit flat be handed over to the L.I.C.I by the said company on Monday(16.03.2020) at about 2-30 P.M.
In terms of the order impugned parties have made inventories of the articles of the said company lying inside the suit flat.
The said company is entitled to remove its books, magazine and other documents as detailed in the miniuts of the inventory dated December 18, 2019
from the suit flat at the time of handing over the possession of the same to the L.I.C.I.
Mr. Jahar Chakraborty, learned senior counsel appearing on behalf of the L.I.C.I complains that the said company is enjoying ad interim order of stay
of operation of the order of eviction without paying any occupation charges, he prays expeditious disposal of the pending application for stay filed by
the said company.
The L.I.C.I is entitled to appropriate occupation charges pending disposal of the appeal against the order of eviction passed by the Estate Officer.
The appeal Court below therefore is directed to dispose of the said application for stay within a period of three weeks from the date of communication
of this order.
The appeal Court below to adhere to the time fixed by this order for disposal of the said application shall not entertain prayer of the parties for any
unnecessary adjournment.
The appeal being an appeal under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 is required to be disposed of
within the time stipulated under sub-section(4) thereof.
The appeal Court below is requested to dispose of the said appeal expeditiously keeping in mind about the mandate of the aforementioned provision of
the said Act.
CO 75 of 2020 and CO 4445 of 2019 are thus disposed of.
However, there shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.