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LALIT HIMATLAL KAMPANI v. SANJIB DUTTA

Supreme Court of India | Diary 10013/2020

Status

ROP - of Main Case

Decided On

Bench

HON'BLE MR. JUSTICE N.V. RAMANA, HON'BLE MR. JUSTICE S. ABDUL NAZEER and HON'BLE MR. JUSTICE SURYA KANT

Petitioner

LALIT HIMATLAL KAMPANI

Respondent

SANJIB DUTTA

Primary Holding

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Full Judgment Text

ITEM NO.3 Court 2 (Video Conferencing) SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) Nos.8236-8237/2020 (Arising out of impugned final judgment and order dated 03-02-2020 in C.O. No. 726/2019 along with CAN No. 4513/2019 passed by the High Court at Calcutta) LALIT HIMATLAL KAMPANI Petitioner(s) VERSUS SANJIB DUTTA & ORS. Respondent(s) (FOR ADMISSION) Date : 05-08-2020 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. M.L. Lohaty, Adv. Mr. Paban K. Sharma, Adv. Mr. Anchit Sripat, Adv. Mr. Himanshu Shekhar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. Heard the learned counsel appearing for the petitioner. We find that the High Court in its impugned order remanded the matter to the Municipal Building Tribunal for fresh hearing, in view of change of members and the introduction of new members in the said Tribunal. In view of that, we do not want to interfere with the impugned order passed by the High Court. However, taking into consideration the fact that there is a prolonged litigation between the parties and Respondent No.1 has

-2- subsequently purchased the property after the demolition order was passed, we feel it is appropriate to direct the Municipal Building Tribunal to decide the matter as per direction of the High Court expeditiously, preferably within a period of two months from the date of communication of this order, after issuing notice to the concerned respondent(s). With the above observation, the Special Leave Petitions are disposed of. (VISHAL ANAND) (RAJ RANI NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR

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