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Bengal Chemicals & Pharmaceuticals Limited & Others v/s Ajit Nain & Another


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:- A L A CHEMICALS PRIVATE LIMITED [Active] CIN = U24110MH1966PTC013577

Company & Directors' Information:- B & M CHEMICALS PVT LTD [Dissolved] CIN = U24119WB1973PTC028695

Company & Directors' Information:- B & M CHEMICALS LTD. [Active] CIN = U24119WB1987PLC043529

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

Company & Directors' Information:- T. R. CHEMICALS LIMITED [Active] CIN = U24132OR1993PLC003326

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

Company & Directors' Information:- S R C CHEMICALS PRIVATE LIMITED [Active] CIN = U14107PN2002PTC017227

Company & Directors' Information:- F S CHEMICALS PRIVATE LIMITED [Active] CIN = U24100MH1999PTC119992

Company & Directors' Information:- V N S CHEMICALS PRIVATE LIMITED [Active] CIN = U02429TZ1995PTC005910

Company & Directors' Information:- D K CHEMICALS PRIVATE LIMITED [Active] CIN = U24239DL1986PTC025239

Company & Directors' Information:- A B CHEMICALS INDIA PRIVATE LIMITED [Active] CIN = U24100PB2012PTC036656

Company & Directors' Information:- B M D CHEMICALS PRIVATE LIMITED [Active] CIN = U51109MH1938PTC002788

Company & Directors' Information:- N F C CHEMICALS LIMITED [Active] CIN = U24110DL1993PLC053628

Company & Directors' Information:- P U CHEMICALS PRIVATE LIMITED [Active] CIN = U24297KL2013PTC035105

Company & Directors' Information:- K. D. CHEMICALS PRIVATE LIMITED [Active] CIN = U24231GJ2020PTC113663

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

Company & Directors' Information:- C. J. CHEMICALS PRIVATE LIMITED [Active] CIN = U24110TG1996PTC025206

Company & Directors' Information:- J B R CHEMICALS PRIVATE LIMITED [Active] CIN = U28121UP1994PTC016418

Company & Directors' Information:- R D CHEMICALS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018351

Company & Directors' Information:- T K CHEMICALS LTD [Strike Off] CIN = U24299KL1972PLC002439

Company & Directors' Information:- M. M. CHEMICALS PRIVATE LIMITED [Active] CIN = U24110GJ2006PTC049319

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

Company & Directors' Information:- P A R CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24221PB1988PTC008628

Company & Directors' Information:- B AND A CHEMICALS LTD. [Strike Off] CIN = U24110MH1993PLC073067

Company & Directors' Information:- B E C CHEMICALS PRIVATE LIMITED [Active] CIN = U28932MH1958PTC011230

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

Company & Directors' Information:- B D J CHEMICALS PVT LTD [Active] CIN = U24299WB1981PTC033306

Company & Directors' Information:- S N G CHEMICALS PRIVATE LIMITED [Active] CIN = U24119PB1996PTC017825

Company & Directors' Information:- J C I CHEMICALS INDIA PRIVATE LIMITED [Active] CIN = U24229WB2000PTC092067

Company & Directors' Information:- A K CHEMICALS PRIVATE LIMITED [Active] CIN = U24111UP1988PTC009851

Company & Directors' Information:- B M G CHEMICALS PRIVATE LIMITED [Active] CIN = U24110MH1997PTC110888

Company & Directors' Information:- B L CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24110KA1991PTC011703

Company & Directors' Information:- D S V CHEMICALS PRIVATE LIMITED [Active] CIN = U24220MH1980PTC023091

Company & Directors' Information:- G. D. A. CHEMICALS LIMITED [Under Liquidation] CIN = U24100WB1947PLC016175

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

Company & Directors' Information:- V S CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24110TN2009PTC072018

Company & Directors' Information:- C I C CHEMICALS PVT LTD [Strike Off] CIN = U24243WB1969PTC027598

Company & Directors' Information:- A P CHEMICALS PRIVATE LIMITED [Active] CIN = U24232UP2004PTC028230

Company & Directors' Information:- S P CHEMICALS PRIVATE LIMITED [Active] CIN = U02411KA1980PTC004008

Company & Directors' Information:- K A J CHEMICALS PRIVATE LIMITED [Active] CIN = U24291MH2003PTC139286

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

Company & Directors' Information:- S G R CHEMICALS PRIVATE LIMITED [Active] CIN = U24119TG1984PTC004492

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

Company & Directors' Information:- K AND T CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24121PB1997PTC019820

Company & Directors' Information:- A B J CHEMICALS PVT LTD [Active] CIN = U24119WB1988PTC045028

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:- B R D P CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24100BR1986PTC002376

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

Company & Directors' Information:- A E. CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U00309KA1982PTC005015

Company & Directors' Information:- J. P. CHEMICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U24117AS1997PTC004955

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 K C CHEMICALS PRIVATE LIMITED [Active] CIN = U24294TN1981PTC008868

Company & Directors' Information:- J H CHEMICALS PVT LTD [Strike Off] CIN = U24229HR1995PTC032600

Company & Directors' Information:- H B R CHEMICALS PRIVATE LIMITED [Active] CIN = U24229DL1979PTC009433

Company & Directors' Information:- R. CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24117DL1991PTC046105

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 L B CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044694

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:- P C I CHEMICALS PVT LTD [Active] CIN = U29193WB1991PTC051672

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

Company & Directors' Information:- V K CHEMICALS PVT LTD [Strike Off] CIN = U24230AP1985PTC005225

Company & Directors' Information:- M R CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24100MH1980PTC022083

Company & Directors' Information:- K U CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24112UP1986PTC008179

Company & Directors' Information:- I F CHEMICALS P LTD. [Strike Off] CIN = U00300BR1990PTC004243

Company & Directors' Information:- H A V CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24114UP1989PTC010508

Company & Directors' Information:- A S CHEMICALS PRIVATE LIMITED [Amalgamated] CIN = U24222DL1999PTC098650

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

Company & Directors' Information:- P S S CHEMICALS PRIVATE LIMITED [Active] CIN = U85110KA1984PTC006201

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:- N G D CHEMICALS PVT LTD [Strike Off] CIN = U93010WB1990PTC048571

Company & Directors' Information:- W & F CHEMICALS LIMITED [Active] CIN = U24110WB2008PLC123212

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:- D M CHEMICALS (INDIA) PVT LTD [Active] CIN = U24299WB1990PTC048930

Company & Directors' Information:- P A T CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC025442

Company & Directors' Information:- H J CHEMICALS PRIVATE LIMITED [Active] CIN = U16008UP2006PTC031404

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:- J R CHEMICALS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC022251

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:- R D B P CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24111UP1983PTC005970

Company & Directors' Information:- R L CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U00309KA1985PTC006732

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

Company & Directors' Information:- G S P CHEMICALS PVT. LTD. [Strike Off] CIN = U24231UP1986PTC008017

Company & Directors' Information:- S J CHEMICALS PVT LTD [Active] CIN = U51397WB1987PTC042733

Company & Directors' Information:- E L CHEMICALS PRIVATE LIMITED [Active] CIN = U24111TN1979PTC007789

Company & Directors' Information:- B B CHEMICALS PRIVATE LIMITED [Active] CIN = U45201OR1988PTC002040

Company & Directors' Information:- B F S CHEMICALS PRIVATE LIMITED [Active] CIN = U99999MH1980PTC023175

Company & Directors' Information:- A I C CHEMICALS PRIVATE LIMITED [Active] CIN = U24110MH1977PTC019619

Company & Directors' Information:- N M CHEMICALS PVT LTD [Strike Off] CIN = U01401UP1988PTC009777

Company & Directors' Information:- B. B. CHEMICALS PRIVATE LIMITED [Active] CIN = U24119HP1993PTC013212

Company & Directors' Information:- N K PHARMACEUTICALS AND CHEMICALS PVT LTD [Active] CIN = U24231GJ1986PTC008949

Company & Directors' Information:- B L CHEMICALS PVT LTD [Under Process of Striking Off] CIN = U24231GJ1988PTC011637

Company & Directors' Information:- L & J CHEMICALS PRIVATE LIMITED [Active] CIN = U51496KL2008PTC023499

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

Company & Directors' Information:- S C CHEMICALS PVT LTD [Strike Off] CIN = U24222WB1984PTC037530

Company & Directors' Information:- D S CHEMICALS PVT LTD [Strike Off] CIN = U24231WB1979PTC031895

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

Company & Directors' Information:- G L CHEMICALS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044577

Company & Directors' Information:- A B D CHEMICALS PVT LTD [Strike Off] CIN = U24119GJ1985PTC008272

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

Company & Directors' Information:- S N D CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24100MH2009PTC196498

Company & Directors' Information:- B C CHEMICALS PRIVATE LIMITED [Active] CIN = U24110MH2000PTC125172

Company & Directors' Information:- S S CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24231OR1996PTC004398

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:- A D P CHEMICALS PVT LTD [Strike Off] CIN = U24234WB1988PTC044346

Company & Directors' Information:- G J CHEMICALS PVT LTD [Active] CIN = U24231GJ1988PTC010716

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

Company & Directors' Information:- B R Y CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24219PB1995PTC016934

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

Company & Directors' Information:- A M CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24231PB1995PTC017265

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:- B R AND B S CHEMICALS PVT LTD [Strike Off] CIN = U24110AP1985PTC005679

Company & Directors' Information:- A G M CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24100MH1979PTC021387

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

Company & Directors' Information:- T T CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24294TN1959PTC003831

Company & Directors' Information:- J P D CHEMICALS INDIA PRIVATE LIMITED [Strike Off] CIN = U24100KL2008PTC021944

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

Company & Directors' Information:- K R S CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24294TN1987PTC014546

Company & Directors' Information:- B U M CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U74120AP2012PTC081454

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 B S CHEMICALS PVT LTD [Strike Off] CIN = U24121WB1974PTC029383

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

Company & Directors' Information:- S P CHEMICALS PVT LTD [Strike Off] CIN = U24112WB1991PTC051021

Company & Directors' Information:- B G CHEMICALS PRIVATE LIMITED [Active] CIN = U24119UP1993PTC015489

Company & Directors' Information:- H F CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24233UP2013PTC059181

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

Company & Directors' Information:- D & D CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24231TN1987PTC014978

Company & Directors' Information:- X L CHEMICALS PVT LTD [Strike Off] CIN = U45202PB1993PTC013839

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

Company & Directors' Information:- G K V CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24100MH2005PTC154065

Company & Directors' Information:- M V K CHEMICALS PRIVATE LIMITED [Active] CIN = U24100MH2008PTC181237

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:- U R CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24100TG2010PTC068093

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

Company & Directors' Information:- N B CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24232TG2015PTC097406

Company & Directors' Information:- U AND M CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24239TG2003PTC041643

Company & Directors' Information:- A.N.D CHEMICALS PRIVATE LIMITED [Active] CIN = U24100UP2014PTC064372

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:- R G CHEMICALS PVT. LTD. [Under Process of Striking off] CIN = U24114MP1986PTC003439

Company & Directors' Information:- K K CHEMICALS PVT LTD [Strike Off] CIN = U40107MP1982PTC002004

Company & Directors' Information:- I T T S CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24211KA1981PTC004103

Company & Directors' Information:- G B CHEMICALS PVT LTD [Strike Off] CIN = U24100MH1980PTC022921

Company & Directors' Information:- I U S CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24110MH1999PTC118526

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:- R R D CHEMICALS PRIVATE LIMITED [Strike Off] CIN = U24233DL2007PTC170149

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

Company & Directors' Information:- K C CHEMICALS PVT LTD [Active] CIN = U24231GJ1969PTC001663

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

    Civil Appeal Nos. 5230-5231 of 2019 (Arising out of SLP (C) Nos. 5230-31 of 2019)

    Decided On, 09 July 2019

    At, Supreme Court of India

    By, THE HONOURABLE MRS. JUSTICE R. BANUMATHI & THE HONOURABLE MR. JUSTICE A.S. BOPANNA

   



Judgment Text

R. Banumathi, J.

Leave granted.

2. These appeals arise out of the orders of the High Court of Calcutta in MAT No.586 of 2018 dated 10.12.2018 and 19.12.2018 in and by which the High Court has quashed the order dated 01.10.2018 passed by the Estate Officer under subsection (1) of Section 5 and sub-sections (2) & (2A) of Section 7 of the Act, 1971 in the application bearing CAN 9489 of 2018 and remitted the matter to the concerned Estate Officer for consideration of the matter afresh.

3. Brief facts which led to filing of these appeals are as follows:-

Appellant No.1 is the owner of a limited Company, Government of India Enterprises known as Harvard House situated at No.168, Maniktala Main Road, P.S. Phoolbagan, Kolkata - 700 054. The property in question is a public premises within the meaning of premises as contemplated under the provisions of Section 2(e) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (Act No.40 of 1971).

4. Respondent No.1 was a lessee under appellant No.1 in respect of 6500 sq. ft., a three storied building along with an open space measuring 2575.13 sq. ft. in the said premises at No.168, Maniktala Main Road in terms of the lease agreement dated 21.08.1995 commencing on and from 01.06.1993 at the initial lease rent of Rs.55,000/- per month. Respondent No.1 has been running a Montessori School in the said building known as Harvard House and the entire schedule premises was leased out to respondent No.1-Ajit Nain in terms of the aforesaid lease agreement for 21 years.

5. As per terms of the lease dated 21.08.1995, it was specifically laid down that the lease rent will be enhanced at the rate of 10% every two years until expiry of the period of the lease. The aforesaid period of lease expired by efflux of time on 31.05.2014. Before expiry of lease period at the request of the respondent, a meeting was held on 20.5.2014 in the office of the appellant at Calcutta to consider the renewal of lease.

6. In response to letter dated 28.05.2014 of respondent No.1, appellant No.1 issued a letter dated 30.05.2014 proposing new terms and conditions for the extension of lease period. The communication between the parties led to the earlier round of litigation in WP No.28002(W) of 2017 before the High Court of Calcutta and the same was dismissed vide order dated 22.11.2017 by the Single Judge.

7. Respondent No.1 challenged the order dated 22.11.2017 in MAT No.2023 of 2017 before the High Court of Calcutta. The Division Bench disposed of the appeal by order dated 17.01.2018 with the direction that Union of India will appoint other person as the Estate Officer in place of the present Estate Officer and respondent No.1 to deposit Rs.25,00,000/- towards damages with appellant No.1 within five weeks. The court also directed respondent No.1 to pay the electricity charges. In compliance of the order of the High Court, respondent No.1 has deposited Rs.25,00,000/- and also arrears of electricity charges. In pursuance of the order of the Division Bench dated 17.01.2018, Shri Manotosh Bandhopadhaya, Assistant General Manager (QA) of appellant No.1 was appointed as new Estate Officer vide Gazette Notification No.58017/01/2018-PSU dated 09.03.2018 of Government of India.

8. The Estate Officer issued show cause notice to respondent No.1 on 23.05.2018 in pursuance of clause (b)(ii) of sub-section (2) of Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 calling upon him to appear before the Estate Officer and also called upon respondent No.1 to pay the damages with interest. The Estate Officer granted number of hearings to respondent No.1 viz. 04.06.2018,15.06.2018.

9. Being aggrieved, respondent No.1 challenged the notice dated 23.05.2018 and filed a second writ petition being WP No.7934(W) of 2018 before the High Court of Calcutta. The Single Judge of the High Court vide order dated 19.06.2018 dismissed the writ petition by extending the time to file the show cause to the notices.

10. Being aggrieved by the dismissal of the writ petition, respondent No.1 filed an appeal in MAT No.586 of 2018. No stay was granted by the Division Bench in the said appeal nor any direction was issued by the High Court not to proceed with the hearing of the eviction proceedings. As there was no stay granted by the Division Bench in MAT No.586 of 2018, the Estate Officer proceeded with the eviction proceedings. The Estate Officer granted as much as five further hearings dated 29.06.2018, 17.07.2018, 27.07.2018, 07.08.2018 and 21.08.2018. The Estate Officer vide order dated 01.10.2018 passed the eviction order directing respondent No.1 to vacate the premises within a week from the date of the eviction order. By the said order dated 01.10.2018, the Estate Officer assessed the damages and interest at Rs.4,61,63,624/- payable by respondent No.1 (Damages Rs.3,30,33,000/- plus interest at Rs.1,31,30,624/-).

11. Being aggrieved by the order of eviction, respondent No.1 filed an application being CAN No.9489 of 2018. The High Court vide impugned order set aside the order dated 01.10.2018 passed by the Estate Officer and remitted the matter to the Estate Officer to consider the matter afresh in accordance with law. Being aggrieved, appellant No.1-Bengal Chemicals and Pharmaceuticals Limited has filed these appeals. Respondent No.1 entered appearance and filed a detailed counter affidavit.

12. We have heard Mr. Sarad Kumar Singhania, learned counsel appearing for the appellants and Mr. Biswaroop Bhattacharya, learned counsel appearing for respondent No.1. We have perused the impugned judgment and other materials on record and carefully considered the matter.

13. The learned counsel appearing for the appellants has submitted that respondent No.1 is running a school in the premises comprising of 6500 sq. ft. with open space measuring 2575.13 sq. ft. and respondent No.1 is enjoying the property for commercial purpose of running the school since 01.06.2014 without payment of any rent which is calculated approximately Rs.4.61 crores as assessed by the Estate Officer which is payable to appellant No.1. It was submitted that since respondent No.1 has not paid the rent, the Estate Officer rightly concluded that respondent No.1 is an unauthorized occupant and passed the order under Section 5(1) and sub-section (2) and (2A) of Section 7 of the Act. It was further urged that respondent No.1 has the right to file an appeal against the order dated 01.10.2018 passed by the Estate Officer under the provisions of Section 9 of the Act only before the Appellate Court that is the District Judge of the district and the writ petition filed is not maintainable.

14. The learned counsel appearing for respondent No.1 has submitted that by taking judicial notice of the fact of involvement of the previous Estate Officer in the eviction proceedings, the High Court has rightly set aside the order of eviction dated 01.10.2018 passed by the Estate Officer. It was submitted that no sufficient opportunity was afforded to respondent No.1 and the quantum of damages fixed by the Estate Officer is arbitrary and therefore, respondent No.1 is justified in challenging the order of the Estate Officer before the High Court in the pending appeal. The learned counsel further submitted that a rent of Rs.21/- per sq. ft. cannot all of a sudden become Rs.50/- per sq. ft. without any rhyme or reason and respondent No.1 has always been ready to pay a reasonable rent and not a rent which is unilaterally imposed on him. It was further submitted that in compliance with the order of the High Court dated 17.01.2018, respondent No.1 has deposited Rs.25,00,000/- and also paid the electricity charges which shows the bona fide of respondent-tenant.

15. In the nature of the order which we propose to pass, we are not inclined to go into the merits of the rival contentions of the parties. Admittedly, the lease has come to an end on 31.05.2014 by efflux of time. According to respondent No.1, the meeting was held on 20.05.2014 in the office of appellant No.1 and there was discussion on the question of renewal of lease. It is stated that appellant No.1 has forwarded a letter on 30.05.2014 to respondent No.1 for further renewal of lease subject to the acceptance of the terms:- (i) from June 20, 2014, the rent of the covered space as well as the open space shall be at Rs.50/- per sq. ft. subject to increase of 10% for every two years; (ii) the tenure of the agreement will be three years and thereafter, the agreement may be renewed for further period upon mutual discussion between the parties. The terms proposed by appellant No.1 in the said letter dated 30.05.2014 was not agreeable to respondent No.1. According to respondent No.1, as per the terms of the lease, the rent payable was only Rs.1,42,656/- per month.

16. Be that as it may, admittedly, from 01.06.2014, respondent No.1 has not paid the rent except the amount of Rs.25,00,000/-which he has deposited in compliance with the order of the High Court dated 17.01.2018. In the proceeding before the Estate Officer, respondent No.1 has not put forth his defence; respondent No.1 was only taking adjournments on the ground of pendency of the appeal before the High Court in MAT No.586 of 2018. In our view, sufficient opportunity has to be given to respondent No.1 and the order of the High Court remitting the matter to the Estate Officer therefore, has to be maintained, however, subject to respondent No.1 paying the reasonable amount as damages by way of interim measure for use and occupation. As pointed out earlier, respondent No.1 is in occupation of land and building measuring 6500 sq. ft. consisting of three storied building plus open space of 2575.13 sq. ft. in Maniktala Main Road, Kolkata. Without prejudice to the contentions of both the parties, we direct respondent No.1 to pay an amount of Rs.2,50,000/- per month as damages for use and occupation from June, 2014 till May, 2018. From June, 2018, respondent No.1 shall pay an amount of Rs.3,00,000/- per month.

17. The order of the High Court dated 10.12.2018 corrected by the order dated 19.12.2018 passed in MAT No.586 of 2018 remitting the matter to the Estate Officer for consideration of the matter afresh in accordance with law is affirmed. These appeals are disposed of with the following directions and observations:-

(i) Respondent No.1 shall pay the amount of Rs.2,50,000/- per month as damages for use and occupation of the premises from June, 2014 till May, 2018. From June, 2018, respondent No.1 shall pay the amount of Rs.3,00,000/- per month as damages and continue to pay the same till consideration and disposal of the matter afresh by the Estate Officer;

(ii) The arrears payable by respondent No.1 (after deducting Rs.25,00,000/- already deposited by respondent No.1 in the High Court) shall be paid to appellant No.1 in three equal installments. The first installment is payable on or before 31st August, 2019. The next two installments are payable by the end of October, 2019 and December, 2019 respectively;

(iii) The damages stated above is tentative. The Estate Officer after providing opportunity to both the parties shall determine the appropriate quantum of damages and the payment presently made shall re

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main adjustable either way, dependent on the quantum to be decided; (iv) After respondent No.1 deposits the entire arrears, the Estate Officer shall take up the matter and afford sufficient opportunity to both the parties and determine the quantum of damages payable and pass appropriate orders in accordance with law. (v) The appellant is permitted to withdraw the amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) deposited by respondent No.1 forthwith. Appellant No.1 is also permitted to withdraw the electricity charges deposited by respondent No.1, if not already withdrawn.(vi) On deposit of the first installment of arrears, appellant No.1 shall ensure supply of water if it has been disconnected as alleged by respondent No.1. (vii) On failure to deposit any one of the installments of arrears or the damages payable for use and occupation for every month, respondent No.1 shall forfeit the right of his defence and consideration. In such an event, the Estate Officer shall restore the proceedings and shall pass an order of eviction in accordance with law. Respondent No.1 shall in such event not be heard to make out any grievance relating to the eviction order; and (viii) Parties shall bear their respective costs.
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