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2010 Supreme(SC) 994

B.S.CHAUHAN, G.S.SINGHVI
West Bengal State Warehousing Corporation – Appellant
Versus
Indrapuri Studio Pvt. Ltd. – Respondent


JUDGMENT

G.S. Singhvi, J. —

1. This appeal is directed against the judgment of the Division Bench of Calcutta High Court whereby it declined to entertain the appeal filed by the appellant under Section 11(1)(f) of the West Bengal Premises Requisition and Control Act, 1947 (for short, ‘the Act’) against award dated 1.1.2003 passed by the Arbitrator under Section 11(1)(e).

2. The premises belonging to respondent No.1 (covered area measuring 11,900 sq. feet and open space measuring 10,620 sq. feet) situated at N.S.C. Bose Road, Tollygunge, Calcutta was requisitioned by the State Government under Section 3 of the Act. After taking possession of the requisitioned premises, the State Government transferred the same to the appellant.

3. Since the amount of compensation payable to respondent No.1 in lieu of the requisition of its property could not be fixed by agreement, the State Government appointed an Arbitrator under Section 11(1)(b) of the Act. Though, the appellant had no role to play in the matter of determination of compensation payable to respondent No.1, on being asked by Ist Land Acquisition Collector, Calcutta, the appellant got itself impleaded as party in the arbitration pro
















































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