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2023 Supreme(SC) 757

B. R. GAVAI, ARAVIND KUMAR
Punjab And Sind Bank – Appellant
Versus
Frontline Corporation Ltd. – Respondent


JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present appeal assails the judgment and order dated 30th January 2017, passed by the Division Bench of the High Court of Judicature at Calcutta (hereinafter referred to as “High Court”) in A.P.O.T. No.411 of 2016, thereby setting aside the order of the Single Judge dated 2nd November 2016, vide which an earlier interim order of the Single Judge dated 15th July 2013, directing the appellant herein to take steps to sell the suit property but not to pass final orders on the sale, had been vacated.

3. The facts, in brief, giving rise to the present appeal are as under:

3.1 The appellant-Punjab & Sind Bank, was inducted as a tenant in the ground floor of premises No.8, Old Court House Street, Kolkata, 700001, now known as 28, Hemant Basu Sarani, Kolkata, 700001 (hereinafter referred to as the “suit property”) in the year 1972 by one M/s Bharat Chamber of Commerce. In the year 2003, M/s Bharat Chamber of Commerce preferred an ejectment suit bearing No. 2 of 2003 against the appellant before the City Civil Court, Calcutta.

3.2 During the pendency of the aforesaid ejectment suit, the respondent -M/s Frontline Corporation Ltd. purchased the suit

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