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Judgment
By an order dated 3rd November, 2020, the petitioner had been directed to publish the gist of the prayers in IA NO: GA/81/2020 in “Sunday
Statesman†and “Bartaman (Sunday Edition)†within five weeks from the date of the order on the specific indication that the petitioner/applicant
is the owner with tenanted condition of Flat No. 4A, 4th Floor in the Everest Building at J.L. Nehru Road, Kolkata- 700 071. The direction for
advertisement was given so that any person intending to oppose the petitioner’s prayers would have an opportunity to appear at the time of
hearing of the application. The main prayer in the application is for appointment of a Special Officer to execute and register necessary conveyance in
relation to the concerned flat at Everest Building in favour of the petitioner’s nominee namely, Konsortia Construction Company Pvt. Ltd. and for
taking all other necessary steps.
Learned counsel appearing for the petitioner submits that both the advertisements were duly published within the time directed by this Court and that
nobody has opposed or objected pursuant to the advertisements. The defendant no. 10, who has changed its name from Everest Apartment Limited to
Everest Owners Association, is represented and submits that the defendant no. 10 does not have any objection to the prayers in the application.
The affidavit of service has been filed in Court is stating that no objection has been received.
Upon considering the relevant documents including the agreement for sale made by Western Building Corporation in favour of the petitioner herein in
respect of Flat No. 4A, 4th Floor in the Everest Building at J.L. Nehru Road, Kolkata- 700 071, it appears that the petitioner had been put in
possession of said flat after payment of the entire consideration money to the respondent no. 1. As no objection has been received from anyone
pursuant to the provisions made in the “Sunday Statesman†and “Bartaman (Sunday Edition)â€, this Court does not see any difficulty in
passing an order in favour of the applicant.
There shall accordingly be an order in terms of prayer (b) namely that Special Officer will be appointed to execute and register necessary conveyance
deed for the concerned plot and other spaces included in prayer (b) with tenanted condition in favour of the petitioner’s nominee namely Konsortia
Construction Private Limited with the bank as the Confirming Party and for taking all other necessary steps.
Mr. Soumyajyoti Das of the Bar Library Club is appointed as the Special Officer to take necessary steps as indicated above and register the deed of
conveyance in favour of the petitioner’s nominee in which the petitioner shall be the Confirming Party. The petitioner will bear the remuneration to
the Special officer which is assessed at Rs. 50,000/- and all necessary expenses for travel and any other form of assistance. The execution of the
deed of conveyance shall be completed within 30th September, 2021. The Special Officer shall stand discharged upon execution of the deed of
conveyance. IA NO. GA/81/2020 is disposed of in terms of the above.