JUDGMENT :

SANJAY KISHAN KAUL, J.

Leave granted.

Background:

1. The impugned judgment dated 13.05.2010 in W.P. No. 1295/2009 passed by the High Court of Calcutta decided a reference arising from the following two matters –

(i) State of West Bengal & Anr. v. Sati Enclave Pvt. Ltd. & Ors., a Letters Patent Appeal being APOT No. 196 of 2008 from a partition and administration suit (“the Partition matter”) and,

(ii) ASL Vyapar Pvt. Ltd. v. The Registrar of Assurances & Ors., a Writ Petition being Writ Petition No. 1295 of 2009 (“the Company matter”).

The facts:

2. In Re the Partition Matter: In a Partition Suit being Extraordinary Suit No. 32 of 1987, Ld. Single Judge passed an order dated 15.09.1987 for the sale of Premises No. 20 to 20/14 (except 20/10) Chetla Flat Road, Kolkata-700027 (“the land”), measuring 41 cottahs and 21 chittacks, i.e. approximately 2800 square metres. On 08.03.2006, the Joint Receivers appointed by the Court issued an advertisement in The Telegraph, a leading daily newspaper for sale of the land. At the auction, several parties participated, and the offer made by one Priya Dutta at the rate of Rs.1,88,500 per cottah was the highest. However, she did not pay the e