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2003 Supreme(Cal) 413

SUBHRO KAMAL MUKHERJEE
RATAN KUMAR KHAITAN – Appellant
Versus
UNITED BANK OF INDIA – Respondent


Advocates Appeared:
Arindam Guha, SANDIP DAS, Saptangshu Basu, SUMIT TALUKDAR

S. K. MUKHERJEE, J.

( 1 ) THIS is an application under Article 227 of the Constitution of India against an order dated January 6, 2003 passed by the Recovery Officer, Debt Recovery Tribunal-III, Calcutta in T. R. P. No. 33 of 2002.

( 2 ) THE opposite party No. 1/united Bank of India initiated a proceeding against the certificate debtors for recovery of its claim and obtained a certificate against the certificate debtors. For satisfaction of the dues of the bank premises No. 3 Panchu Dhobani Gali, Calcutta has been put to sell.

( 3 ) THE father of the petitioner in this application, Gopal Lal Khaitan, was inducted as a tenant in respect of the said premises under an agreement executed by the opposite Party Nos. 3 and 4 on May 1, 1968. The tenancy commenced from May 13, 1968. Upon the death of the said Gopal Lal Khaitan, the said tenancy devolved upon the petitioner in this application.

( 4 ) THE receiver appointed by the Tribunal in the recovery proceeding inserted advertisements once in the Statesman, once in the Anandabazar Patrika and once in Sanmarg seeking offers to sell the said premises No. 3 Panchu Dhobani Gali, Calcutta. The sale notice has been annexed as annexure P-8









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