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Himadri Coke & Petro Ltd. & Another v/s WB Industrial Infrastructure Development Corporation & Others


Company & Directors' Information:- G K S INFRASTRUCTURE LIMITED [Active] CIN = L45400DL1985PLC021038

Company & Directors' Information:- K D P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054780

Company & Directors' Information:- C INFRASTRUCTURE CORPORATION LIMITED [Strike Off] CIN = U61100DL1982PLC013968

Company & Directors' Information:- B & G INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U40105TN2001PTC047408

Company & Directors' Information:- O B INFRASTRUCTURE LIMITED [Active] CIN = U45200TG2006PLC049067

Company & Directors' Information:- Y T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2010PTC206409

Company & Directors' Information:- N K B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200HR2011PTC042402

Company & Directors' Information:- R K INDUSTRIAL CORPORATION LIMITED [Strike Off] CIN = U29300PB1996PLC017836

Company & Directors' Information:- INFRASTRUCTURE DEVELOPMENT CORPORATION PRIVATE LIMITED [Strike Off] CIN = U99999DL1996PTC078760

Company & Directors' Information:- U C C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2003PTC139844

Company & Directors' Information:- P. S. INDUSTRIAL INFRASTRUCTURE LIMITED [Active] CIN = U70100WB2007PLC115796

Company & Directors' Information:- HIMADRI COKE & PETRO LTD. [Amalgamated] CIN = U23209WB1995PLC072323

Company & Directors' Information:- L K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203711

Company & Directors' Information:- B N A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2006PTC163769

Company & Directors' Information:- G L COKE PRIVATE LIMITED [Active] CIN = U24117AS1998PTC005621

Company & Directors' Information:- S K J INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45102MH2001PTC131284

Company & Directors' Information:- V P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC082368

Company & Directors' Information:- K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC056299

Company & Directors' Information:- E K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066962

Company & Directors' Information:- K L N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2013PTC070361

Company & Directors' Information:- B P INDUSTRIAL CORPN. PVT LTD [Active] CIN = U15312UP1973PTC087037

Company & Directors' Information:- C P INFRASTRUCTURE PVT LTD [Active] CIN = U45201DL2005PTC143865

Company & Directors' Information:- G. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2005PTC152633

Company & Directors' Information:- R P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2003PTC141340

Company & Directors' Information:- K. J. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2006PTC165014

Company & Directors' Information:- B S Y INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101HR2006PTC064456

Company & Directors' Information:- G B K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2008PTC177202

Company & Directors' Information:- G K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2005PTC046213

Company & Directors' Information:- G S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2004PTC125377

Company & Directors' Information:- V K M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034606

Company & Directors' Information:- A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203WB2006PTC111599

Company & Directors' Information:- B. N. S. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC206202

Company & Directors' Information:- B G M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2011PTC162415

Company & Directors' Information:- S M V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155016

Company & Directors' Information:- K S INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101MP2006PTC020722

Company & Directors' Information:- K B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2005PTC136641

Company & Directors' Information:- D L H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U52600JH2010PTC014524

Company & Directors' Information:- S N N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2011PTC059893

Company & Directors' Information:- G. V. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2012PTC234078

Company & Directors' Information:- S A P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC141285

Company & Directors' Information:- K S K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175908

Company & Directors' Information:- N P L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400CH2009PTC031638

Company & Directors' Information:- K. E. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2012PTC225658

Company & Directors' Information:- P A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155015

Company & Directors' Information:- G S T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2006PTC160073

Company & Directors' Information:- P J INFRASTRUCTURE PVT LTD [Active] CIN = U45200MH2006PTC159217

Company & Directors' Information:- S B M INFRASTRUCTURE LIMITED [Active] CIN = U70102CH1992PLC012381

Company & Directors' Information:- A V C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102TG2007PTC056671

Company & Directors' Information:- U D COKE PRIVATE LIMITED [Active] CIN = U23101ML2005PTC007807

Company & Directors' Information:- V D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2008PTC122820

Company & Directors' Information:- INDUSTRIAL COKE PRIVATE LIMITED [Strike Off] CIN = U01010CT1984PTC002507

Company & Directors' Information:- I V M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC073968

Company & Directors' Information:- THE INDUSTRIAL CORPORATION PRIVATE LIMITED [Active] CIN = U15420MH1921PTC000947

Company & Directors' Information:- B G R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2012PTC065026

Company & Directors' Information:- K. G. R INFRASTRUCTURE PRIVATE LIMITED. [Strike Off] CIN = U70102DL2008PTC177822

Company & Directors' Information:- A L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2008PTC184347

Company & Directors' Information:- C. I. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203MP2005PTC018149

Company & Directors' Information:- S G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201RJ1999PTC015467

Company & Directors' Information:- R B PETRO LIMITED [Strike Off] CIN = U24118UP1990PLC011818

Company & Directors' Information:- G. A. COKE PRIVATE LIMITED [Active] CIN = U74999WB2011PTC166326

Company & Directors' Information:- J N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009789

Company & Directors' Information:- K C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200PB2008PTC032011

Company & Directors' Information:- C C I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201TN2007PTC063617

Company & Directors' Information:- S H A INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400UP2012PTC049795

Company & Directors' Information:- L V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TG2006PTC051289

Company & Directors' Information:- I C COKE PRIVATE LIMITED [Strike Off] CIN = U23101AS2004PTC007321

Company & Directors' Information:- V H B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC172682

Company & Directors' Information:- G A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74999DL2007PTC158113

Company & Directors' Information:- V V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2015PTC084214

Company & Directors' Information:- D L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201CT2018PTC008919

Company & Directors' Information:- G. H. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45309UP2020PTC126090

Company & Directors' Information:- L R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45402TN2007PTC064029

Company & Directors' Information:- G N R INFRASTRUCTURE (INDIA) LIMITED [Strike Off] CIN = U45200TG2009PLC065140

Company & Directors' Information:- A R K INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74900TG2015PTC100714

Company & Directors' Information:- B K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC136992

Company & Directors' Information:- R A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC143884

Company & Directors' Information:- C. A. D. INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MP1997PTC012280

Company & Directors' Information:- B R G INFRASTRUCTURE LIMITED [Active] CIN = U45201GJ2008PLC052708

Company & Directors' Information:- P D INFRASTRUCTURE DEVELOPMENT CO LTD [Strike Off] CIN = U45206AS1995PLC004491

Company & Directors' Information:- C M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122794

Company & Directors' Information:- R. S. V. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100WB2008PTC127373

Company & Directors' Information:- C D E INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2012PTC235483

Company & Directors' Information:- J S INFRASTRUCTURE DEVELOPMENT (INDIA) PRIVATE LIMITED [Active] CIN = U70102MH2007PTC171627

Company & Directors' Information:- D B G INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45209PN2010PTC137319

Company & Directors' Information:- C & C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74210PN2008PTC133179

Company & Directors' Information:- M N V INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45202AN2010PTC000130

Company & Directors' Information:- S P H R INFRASTRUCTURE PVT LTD [Strike Off] CIN = U45209WB2006PTC109280

Company & Directors' Information:- J V INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201DL2005PTC139686

Company & Directors' Information:- S I S INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U70200DL2014PTC263278

Company & Directors' Information:- A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084029

Company & Directors' Information:- P G INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U70109DL1996PTC084030

Company & Directors' Information:- B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084031

Company & Directors' Information:- M S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084032

Company & Directors' Information:- J B C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203PN1998PTC112753

Company & Directors' Information:- J K L INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203TG1998PTC030087

Company & Directors' Information:- R L E S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45309TN2008PTC069251

Company & Directors' Information:- I I C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2006PTC152588

Company & Directors' Information:- H. G. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2007PTC049740

Company & Directors' Information:- J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200UR2012PTC000254

Company & Directors' Information:- G L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050660

Company & Directors' Information:- HIMADRI INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MP2009PTC022386

Company & Directors' Information:- M I J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC125213

Company & Directors' Information:- S B H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U60231MH2011PTC217039

Company & Directors' Information:- A K INDUSTRIAL CORPORATION (INDIA) PRIVATE LIMITED [Active] CIN = U29130PN2014PTC151053

Company & Directors' Information:- Z & B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70200MH2007PTC166887

Company & Directors' Information:- S & O INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2011PTC214034

Company & Directors' Information:- D P S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159955

Company & Directors' Information:- T S A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2014PTC065137

Company & Directors' Information:- V B G INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100TG2010PTC069278

Company & Directors' Information:- G S V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2008PTC059195

Company & Directors' Information:- M N C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC077524

Company & Directors' Information:- M I T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC180830

Company & Directors' Information:- K K S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC159678

Company & Directors' Information:- I K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC135711

Company & Directors' Information:- S S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC137437

Company & Directors' Information:- A J S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140640

Company & Directors' Information:- M R INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC143565

Company & Directors' Information:- K W INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70102DL2011PTC224462

Company & Directors' Information:- A S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC279049

Company & Directors' Information:- J V B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC283560

Company & Directors' Information:- A K S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2012PTC236675

Company & Directors' Information:- H V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC158234

Company & Directors' Information:- B P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2008PTC179121

Company & Directors' Information:- M & H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U80904DL2007PTC166303

Company & Directors' Information:- S AND Y INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MP2013PTC031382

Company & Directors' Information:- P V R N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2010PTC040311

Company & Directors' Information:- C D INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74900HR2007PTC037175

Company & Directors' Information:- R J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2009PTC055941

Company & Directors' Information:- B R B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC053682

Company & Directors' Information:- B. R. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC054103

Company & Directors' Information:- J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203GJ2003PTC042641

Company & Directors' Information:- A AND H INFRASTRUCTURE LIMITED [Strike Off] CIN = U45203MH1998PLC117368

Company & Directors' Information:- D L C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201PB2007PTC031022

Company & Directors' Information:- R S J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45300DL2007PTC167583

Company & Directors' Information:- INDUSTRIAL DEVELOPMENT COMPANY LIMITED [Strike Off] CIN = U99999KA1938PLC000231

Company & Directors' Information:- THE INDUSTRIAL CORPORATION LIMITED [Strike Off] CIN = U00804KA1948PLC000529

    W.P. No. 962 of 2015

    Decided On, 30 July 2019

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE DEBANGSU BASAK

    For the Petitioners: Arindam Banerjee, Arpita Saha, Advocates. For the Respondents: Biswarup Bhattacharyya, Somnath Bose, Advocates.



Judgment Text

Petitioners have challenged demand letters issued by the first respondent demanding payment of transfer fee for recording the first petitioner as a tenant in respect of an immovable property under the first respondent.

Learned Advocate appearing for the petitioner has submitted that, Khetawat Chemical and Fertilizer Limited was the tenant under the first respondent in respect of the immovable property concerned. Khetawat Chemical and Fertilizer Limited mortgaged the leasehold interest in favour of UCO Bank as security for the credit facilities enjoyed by it. UCO Bank initiated proceedings under Section 19 of the Recovery of Debts due to Banks and Bankruptcy Act, 1993 for recovery of the credit facilities against Khetawat Chemical and Fertilizer Limited. Such proceeding was decreed by the Debts Recovery Tribunal - I, UCO Bank put the decree into execution. In the recovery proceedings, advertisements were published in the newspapers for sale of the leasehold interest of Khetawat Chemical and Fertilizer Limited. The petitioners participated in such sale. Ultimately, the petitioner was put into possession of the immovable property concerned by the Receiver appointed in the Recovery Proceeding on May 3, 2005. Thereafter, the petitioner requested the first respondent to record transfer of the leasehold interest in favour of the petitioner on May 20, 2005. On June 23, 2005 the first respondent expressed its willingness to record such transfer subject to payments of arrears of rent and service charges due and payable by Khetawat Chemical and Fertilizer Limited. The petitioners approached the Debts Recovery Tribunal praying for adjustment of the outstanding claim from the sale proceeds. The petitioner did not succeed in such endeavour. Thereafter, the petitioners expressed their willingness to pay the arrears of rent for recording the transfer. The first respondent did not act thereon.

Learned Advocate appearing for the petitioners has submitted that, the secretary of the first respondent issued a writing dated August 16, 2011 purporting to be modified/amended procedure of allotment/assignment and other norms relating to allotment. He has submitted that, at best, such norms which came into effect from August16, 2011 can be prospective and that, such norms cannot govern the relationship between the petitioners and the first respondent. Right, title and interest of the first petitioner in respect of the immovable property was created prior to the norms dated August 16, 2011 coming into effect. He has drawn the attention of the Court to the pleadings filed by the first respondent in the proceedings before the Debts Recovery Tribunal. He has submitted that, the first respondent accepted that, the first petitioners stepped into the shoes of Khetawat Chemical and Fertilizer Limited in respect of the immovable property concerned. The first respondent justified its demand of arrears from the first petitioner on such ground.

Learned Advocate appearing for the petitioners have submitted that, the amended procedure cannot have retrospective operation. The first respondent cannot act arbitrarily in making the demands as contained in the demand notices. He has submitted that, the demands are arbitrary. He has relied upon 1991 Volume 1 Supreme Court Cases page 212 (Kumari Shrilekha Vidyarthi & Ors. v. State of Uttar Pradesh) and submitted that, the first respondent having acted arbitrarily, the Court should intervene and grant the reliefs as sought for by the petitioners.

Learned Advocate appearing for the first respondent has relied upon Section 40 of the West Bengal Industrial Development Corporation Act, 1974. He has submitted that, there is no challenge to the amended procedure dated August 16, 2011 in the writ petition. Therefore, the petitioners cannot be allowed to contend that, the amended procedure is not applicable. Referring to the facts of the present case, learned Advocate appearing for the first respondent has submitted that, allotment does not give an indivisible right in favour of the allottee. In support of such contention, he has relied upon 2018 Volume 2 Calcutta High Court Notes (Cal) page 343 (Allenby Garments Pvt. Ltd. v. West Bengal Industrial Development Corporation Ltd.). He has submitted that, the first respondent was not present in the proceedings when the sale was confirmed in favour of the petitioner. The orders of sale therefore do not bind the first respondent. The first respondent became aware of the sale only on May 20, 2005 when, the first petitioner made a request for transfer of the lease. He has referred to the letter dated June 23, 2005 of the first respondent where, the first respondent agreed to transfer the lease in favour of the first petitioner upon payment of the arrear dues of Khetawat Chemical and Fertilizer Limited along with interest. According to him, since the petitioners did not pay the amount as demanded by the first respondent, the petitioners are not entitled to any relief. He has drawn the attention of the Court to the fact that, the petitioners instead of paying the amount as demanded by the letter dated June 23, 2005, disputed such claim before the Debts Recovery Tribunal and lost in such proceedings. Thereafter the petitioners maintained stoic silence. He has contended that, had the petitioners paid the amount in 2005, the question of payment of fees as now demanded under the amended procedure would not have arisen.

Since, the amended procedure came into effect from November 16, 2018, the petitioners are liable to pay the transfer fees as demanded. According to him, the petitioners are not entitled to the reliefs as sought for.

Learned Advocate appearing for Kolkata Port Trust (KoPT) Authorities has submitted that, KoPT leased out certain land to the first respondent. The first respondent is liable to pay the occupation charges in respect of such land, in accordance with the land policy and the tariffs laid down by the authorities from time to time.

Whether, the first respondent can charge transfer fees from the first petitioner for recognising the first petitioner as a leaseholder in place and stead of Khetawat Chemical and Fertiliser Limited on the basis of the amended procedure dated August 16, 2011, is the issue that has fallen for consideration in the present writ petition.

KoPT is the owner of the land in question. It had given such land on lease to the first respondent. The first respondent had let out the same to Khetawat Chemical and Fertiliser Limited. Khetawat Chemical and Fertiliser Limited had enjoyed credit facilities from UCO Bank. UCO Bank had filed a proceeding before the Debts Recovery Tribunal, Kolkata for recovery of its dues against Khetawat Chemical and Fertiliser Limited. UCO Bank had obtained a decree in such proceedings. UCO Bank had initiated recovery proceedings. In the recovery proceedings, the movable and immovable properties of KhetawatChemical and Fertiliser Limited were put up for sale. The sale was on as is where is and whatever there is basis. The first petitioner had participated in such sale. The first petitioner was declared as the highest bidder and the sale of the movable and immovable properties of Khetawat Chemical and Fertiliser Limited was confirmed in favour of the first petitioner. The first petitioner was ultimately put in possession of the immovable property concerned by the Receiver appointed by the Debts Recovery Tribunal on May 3, 2005. The first petitioner had requested the first respondent to treat the first petitioner as the leaseholder of the immovable property concerned under the first respondent by a writing dated May 20, 2005. The first respondent had replied thereto. By the writing dated June 23, 2005, the first respondent had expressed its willingness to record such transfer, subject to the first petitioner paying the arrears of the rent and service charges due and payable by Khetawat Chemical and Fertiliser Limited. Faced with such a reply from the first respondent, the first petitioner approached the Debts Recovery Tribunal for adjustment of the outstanding claim of the first respondent from the sale proceeds. The Debts Recovery Tribunal did not accept such prayer of the first petitioner. The first petitioner therefore, has become obliged to pay the arrear occupation charges of Khetawat Chemical and Fertiliser Limited in respect of the property concerned. In fact, the first petitioner had expressed their willingness to pay such arrears to the first respondent.

The materials placed on record has established that, the first respondent was aware that, the Debts Recovery Tribunal had put up the movable and immovable assets of Khetawat Chemical and Fertiliser Limited for sale and that the first petitioner was the purchaser in respect thereof. It did not approach the Debts Recovery Tribunal to have such sale set aside. By its conduct, the first respondent had accepted that, the first petitioner had stepped into the shoes of Khetawat Chemical and Fertiliser Limited in respect of the immovable property concerned. It had demanded that, the first petitioner clears the arrears of the occupation charges of Khetawat Chemical and Fertiliser Limited in respect of the immovable property concerned for it to recognise the first respondent as its lessee. This was much prior to the amended procedure dated August 16, 2011 coming into force. The first respondent having acknowledged the first petitioner to have stepped into the shoes of Khetawat Chemical and FertilisersLimited, much prior to the amended procedure dated August 16, 2011 coming into effect, it ought to have recorded the first petitioner as the leaseholder of the remaining portion of the lease entered into between the first respondent and Khetawat Chemical and Fertiliser Limited. The amended procedure dated August 16, 2011 cannot be read to mean that, it has retrospective effect. The words used in the amended procedure dated August 16, 2011 are such that, it comes into effect immediately on August 16, 2011. Therefore, the first respondent has acted arbitrarily in refusing to acknowledge the first petitioner as the leaseholder for the remaining term of the lease between the first respondent and Khetawat Chemical and Fertiliser Limited.

Kumari Shrilekha Vidyarthi & Ors. (supra) has held that, the requirements of Article 14 of the Constitution of India must be satisfied even in matters pertaining to contracts with private parties. An action taken by the state which is not based on discernible and reasonable principle, is to be termed as arbitrary and such an action has to be struck down. It has held that, non- arbitrariness is necessary concomitant of rule of law and is in substance fair play in action. Allenby Garments Private Limited (supra) has held that, there is no indefensible right to have a lease/sublease executed in favour of the allottee. In the facts of that case, a scheme of demerger was pressed into service so as to contend that, the entity was a lessee under West Bengal Industrial Development Corporation Limited. Such a contention was negated by the court. The facts scenario in the present case is different.

In the facts of the present case, the first petitioner became a leaseholder under the first respondent on and from the date when, the first petitioner was declared as the highest bidder by the Debts Recovery Tribunal, and the sale confirmed in its favour. The sale being on as is where is and whatever there is basis, the first petitioner became obliged to pay the arrears of Khetawat Chemical and Fertiliser Limited in respect of the lease, to the first respondent. The first respondent having acknowledged the first petitioner to have stepped into the shoes of Khetawat Chemical and Fertiliser Limited much prior to the amended procedure dated August 16, 2011 coming into effect, the first respondent cannot take the shelter of the amended procedure dated August 16, 2011 to demand any transfer fee from the first respondent. The issue raised in the writ petition has to answered in the negative against the first respondent and in favour of the petitioners.

Consequently, in my view, interest of justice would be sub served in the facts of the present case, by requiring the first petitioner to pay the arrears of Khetawat Chemical and Fertiliser Limited to the first respondent along with interest calculated at the rate of 8% per annum on and from the respective dates of default of Khetawat Chemical and Fertiliser Limited to pay the leas

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e rents to the first respondent till its payment. The first petitioner will continue to pay the lease rents of the first respondent on and from the date of sale, to the first respondent, in accordance with the lease agreement between the first respondent and Khetawat Chemical and Fertiliser Limited. The first respondent will acknowledge the first petitioner as the leaseholder of the immovable property concerned, for the unexpired period of the lease between the first respondent and Khetawat Chemical and Fertiliser Limited. The first respondent is at liberty to take appropriate steps against the first petitioner in the event of default by the first petitioner of any of the terms and conditions of the lease governing the immovable property concerned. The parties will no doubt adjust. It is clarified that, this Court has not gone into the respective rights of KoPT and the first respondent in respect of the immovable property concerned. Such parties are at liberty to have their mutual rights settled before the appropriate forum, in accordance with law. W. P. No. 962 of 2015 is disposed of accordingly. No order as to costs. Later :- Learned Advocate appearing for the Respondent No. 1 seeks stay of the judgment and order. Such prayer is opposed by the petitioner. Considering the facts and circumstances of the case, the prayer for stay is refused.
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