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Ajit Nain v/s Bengal Chemicals & Pharmaceuticals Ltd.


Company & Directors' Information:- BENGAL CHEMICALS AND PHARMACEUTICALS LTD [Active] CIN = U24299WB1981GOI033489

Company & Directors' Information:- J B CHEMICALS AND PHARMACEUTICALS LIMITED [Active] CIN = L24390MH1976PLC019380

Company & Directors' Information:- B S P PHARMACEUTICALS LIMITED [Active] CIN = U24231GJ1987PLC009556

Company & Directors' Information:- G P T PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233TG2009PTC064156

Company & Directors' Information:- A N PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233DL2000PTC108617

Company & Directors' Information:- AJIT INDIA PRIVATE LIMITED [Active] CIN = U65190MH1948PTC006515

Company & Directors' Information:- P AND B PHARMACEUTICALS LIMITED [Active] CIN = U24230MH1978PLC020846

Company & Directors' Information:- E L C PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239DL1998PTC097310

Company & Directors' Information:- V C PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Active] CIN = U24230KL2012PTC031429

Company & Directors' Information:- C I PHARMACEUTICALS PVT. LTD [Active] CIN = U24233WB1988PTC045057

Company & Directors' Information:- M J PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24230MH1996PTC101370

Company & Directors' Information:- R. J. PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Under Liquidation] CIN = U24232RJ1994PTC008899

Company & Directors' Information:- R P L (INDIA) PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239DL2002PTC115402

Company & Directors' Information:- L S K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231KA1990PTC011299

Company & Directors' Information:- P P PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232WB2003PTC096731

Company & Directors' Information:- F C PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239GJ2007PTC051567

Company & Directors' Information:- C S I (CHEMICALS & PHARMACEUTICALS) PVT LTD [Strike Off] CIN = U24239WB1951PTC019370

Company & Directors' Information:- G D S J PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24239DL2001PTC109888

Company & Directors' Information:- S AND L CHEMICALS PVT LTD [Strike Off] CIN = U24119TG1984PTC004939

Company & Directors' Information:- S S M PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232RJ1982PTC002502

Company & Directors' Information:- S S PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24231UP1982PTC005587

Company & Directors' Information:- M A S PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U51397PB2004PTC027688

Company & Directors' Information:- A V PHARMACEUTICALS PRIVATE LIMITED [Amalgamated] CIN = U24232DL1999PTC098651

Company & Directors' Information:- P G PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039757

Company & Directors' Information:- E M PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239MH1992PTC066216

Company & Directors' Information:- B D PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233WB2009PTC132243

Company & Directors' Information:- A G D PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24231KL1984PTC003885

Company & Directors' Information:- S T PHARMACEUTICALS PVT LTD [Strike Off] CIN = U51909WB1989PTC047031

Company & Directors' Information:- N V K PHARMACEUTICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U24296UP2016PTC082942

Company & Directors' Information:- G K D PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231WB1999PTC089334

Company & Directors' Information:- C F PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231TN1982PTC009598

Company & Directors' Information:- M D PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232WB2008PTC121471

Company & Directors' Information:- I. S. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24306KA2016PTC097524

Company & Directors' Information:- A M PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24233KL2010PTC026018

Company & Directors' Information:- B. C. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U51900UP2018PTC109946

Company & Directors' Information:- M M PHARMACEUTICALS LIMITED [Strike Off] CIN = U24231TN1982PLC009714

Company & Directors' Information:- S AND S PHARMACEUTICALS INDIA PVT LTD [Strike Off] CIN = U24232CH1984PTC005799

Company & Directors' Information:- N C PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24239HP1986PTC006997

Company & Directors' Information:- R G PHARMACEUTICALS CO PVT LTD [Strike Off] CIN = U24231HP1978PTC003877

Company & Directors' Information:- B M G PHARMACEUTICALS PVT LTD [Under Liquidation] CIN = U24232WB1974PTC029532

Company & Directors' Information:- M S PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231UP1995PTC018120

Company & Directors' Information:- B G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231OR2002PTC006872

Company & Directors' Information:- D R P S PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232UP2004PTC028820

Company & Directors' Information:- K N B PHARMACEUTICALS LIMITED [Strike Off] CIN = U24239CH1996PLC018286

Company & Directors' Information:- J S I PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232UP1998PTC023778

Company & Directors' Information:- B I PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24231CH1997PTC019728

Company & Directors' Information:- J G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231DL1987PTC027452

Company & Directors' Information:- J N PHARMACEUTICALS LIMITED [Strike Off] CIN = U24230TG1996PLC023652

Company & Directors' Information:- J AND J PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24119OR1973PTC000584

Company & Directors' Information:- C W C PHARMACEUTICALS PVT. LTD. [Active] CIN = U24231HR1990PTC030903

Company & Directors' Information:- A J S PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24232KA1972PTC002273

Company & Directors' Information:- A C PHARMACEUTICALS PVT LTD [Active] CIN = U51397WB1970PTC027869

Company & Directors' Information:- R K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232DL2006PTC154640

Company & Directors' Information:- A. PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24232DL1999PTC100973

Company & Directors' Information:- N G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24100MH2010PTC202028

Company & Directors' Information:- S V N PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24230MH2005PTC155731

Company & Directors' Information:- S. V. G. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24297MH2010PTC202540

Company & Directors' Information:- K. D. PHARMACEUTICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999UP2016PTC084198

Company & Directors' Information:- Y. R. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232CH2011PTC032883

Company & Directors' Information:- A. B. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U51909AS2012PTC011351

Company & Directors' Information:- N. S. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U52311JH2007PTC012709

Company & Directors' Information:- J A PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232DL2005PTC136777

Company & Directors' Information:- S P R PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232DL2005PTC137405

Company & Directors' Information:- D F L PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U51101DL2014PTC270743

Company & Directors' Information:- A R K PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U74120DL2014PTC266920

Company & Directors' Information:- N N PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U33111BR2012PTC018665

Company & Directors' Information:- V AND B PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24290UP2020PTC133785

Company & Directors' Information:- M D PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24290MH2021PTC360217

Company & Directors' Information:- U V PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U99999MH1998PTC117667

Company & Directors' Information:- J. V. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24239MH2009PTC189669

Company & Directors' Information:- K R R PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232TG2008PTC062007

Company & Directors' Information:- A P PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24233TG2008PTC062019

Company & Directors' Information:- C K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24233UP2007PTC033596

Company & Directors' Information:- PHARMACEUTICALS AND CHEMICALS LIMITED [Dissolved] CIN = U99999MH1942PTC003761

Company & Directors' Information:- S G CHEMICALS AND PHARMACEUTICALS LTD [Strike Off] CIN = U24249GJ1955PLC000583

    MAT No. 2023 of 2017 with CAN No. 11234 of 2017

    Decided On, 17 January 2018

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE ACTING CHIEF JUSTICE MR. JYOTIRMAY BHATTACHARYA & THE HONOURABLE MR. JUSTICE ARIJIT BANERJEE

    For the Appellant: Biswaroop Bhattacharya, Loknath Chatterjee, Jaydeb Ghorai, Suman Chatterjee, Saughata Banerjee, Advocates. For the Respondent: R1 to R3, S.R. Saha, R4 & R5, Koushik Chanda, Senior Advocate A.S.G., Amajit De, Advocates.



Judgment Text

By consent of the parties, the appeal and the application are taken up for hearing together and the same are treated as on day's list.

2. The appellant is a tenant under the respondent company. A notice issued under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 was challenged by the appellant before the learned single judge by filing W.P. No. 28002 (W) of 2017. The writ petitioner/appellant contended before the learned single judge that the Estate Officer is an employee of the respondent company and had dealt with the matter, had issued various letters to the writ petitioner/appellant and has also issued the show cause notice under Section 4 of the said Act, hence, the said Estate Officer should not continue with the proceeding and some other Estate Officer should be entrusted with the matter as there is likelihood of bias. The learned single judge Relying on the decision in Crawford Bayley & Co. & Ors. v. Union of India, reported in (2006) 6 SCC 25 dismissed the writ application holding that just because the Estate Officer is an employee of the respondent company, the same per se does not give rise to any possibility of bias.

3. Being aggrieved, the writ petitioner is before us by way of the present appeal.

4. On the last occasion, we had granted leave to the appellant to add the Union of India as a party. It has been done. The Learned Additional Solicitor General of India represents the Union of India.

5. Without going into the controversy we feel that it will be in the interest of justice if the Union of India appoints any other person as an Estate Officer only for the purpose of the instant case. Justice must not only be done but must also be seen to be done. No litigant should feel that he has not been meted out impartial treatment or given fair hearing.

6. Accordingly, we direct the Union of India to appoint some other person as the Estate Officer in the place and stead of the present Estate Officer to decide the case initiated against the appellant. The present Estate Officer shall not proceed with the matter any further. The new Estate Officer shall be appointed within a period of one month from the date of communication of this order.

7. Admittedly, rent has not been paid by the appellant for the last 43 months. The rate at which rent had last been tendered was Rs. 1,42,656/- for June 2014 which however was returned by the respondent company. The arrear rent calculated at the said rate comes to Rs. 61,34,208/- . The appellant shall deposit a sum of Rs. 25,00,000/- (Rupees twenty-five lakhs) only with the respondent company within five weeks from date.

8. The respondent company shall invest the said sum in a Short Term Fixed Deposit earning the best possible rate of interest with a Nationalized Bank. The said fixed deposit shall be kept renewed until further orders.

9. Such deposit will abide by the result of the proceeding pending before the Estate Officer.

10. Mr. Saha, learned counsel appearing for the respondent company submits that the appellant is not paying the electricity charges for the portion under the occupation of the appellant. The arrear electricity charges according to the respondent company come to Rs. 3,78,354/-.

11. This is disputed by Mr. Bhattacharya, learned counsel appearing for the appellant.

12. The respondent company shall supply to the appellant the copies of the electricity bills for the relevant periods. The appellant shall reimburse the respondent company the amounts paid by the respondent company on the basis of such bills within a period of four weeks from the date of receipt of copies of the bills. Further, the appellant shall continue to pay the current electricity charges.

13. The respondent company shall be at liberty to disconnect the electric supply to the portion under the occupation of the appellant in case the appellant fails to pay the electricity charges. If any dispute arises between the parties as regards the quantum of electricity charges payable by the appellant, the same shall be decided by the Estate Officer. Howev

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er, the appellant shall not withhold payment just because of such dispute. 14. We have not gone into the merits of the case. All issues raised before the Estate Officer shall be decided by him in accordance with law. 15. With the above observations, the appeal and the application are disposed of. 16. Urgent Photostat certified copy of this order, if applied for, be supplied to the Learned advocates for the parties immediately.
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