R. C. LAHOTI, D. M. DHARMADHIKARI, A. R. LAKSHMANAN
B. L. CHAKRABORTY @ BINODE LAL CHAKRABORTY – Appellant
Versus
STATE OF WEST BENGAL – Respondent
JUDGMENT
R.C. Lahoti, C.J.I.
Leave granted.
2. The dispute between the parties relates to fixation of rent and consequently the quantum of arrears. Whether the arrears are liable to be paid with interest is also a question which incidentally arises. When the dispute came up before the learned Single Judge hearing the same in exercise of the writ jurisdiction of the High Court, the learned Single Judge formed an opinion that the dispute arose out of a contract and also required evidence for settling the disputed questions of fact and, therefore, refused to allow any relief to the appellant. The order of the learned Single Judge has been upheld by the Division Bench. Feeling aggrieved, the appellant has filed this appeal by special leave.
3. Having heard the learned counsel for the parties, we are satisfied that the ends of justice demand the matter being remitted to the learned Single Judge of the High Court for hearing and decision on merits. It is not disputed that respondent No. 2- National Textile Corporation is 'State' within the meaning of Article 12 of the Constitution of India. Without going into the technicality whether a dispute originating from a contract can be heard and dec
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.