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2009 Supreme(Cal) 349

SANJIB BANERJEE
Arun Kumar Sarswat – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appearing Parties:A. Haqani, Abdul Mansur, Balai Chandra Roy, Ashim Kumar Chatterjee, Soumen Sen, K. Sen, S. Dasgupta, Advocates.

Judgment :-

(1) The writ petitioner questions the propriety of the respondent bank in having caused the petitioner to be dispossessed from a property without following due process pf law.

(2) The petitioner claims to have entered into an agreement with Super Tech Limited for being inducted as a monthly tenant at an apartment measuring about 365.72 sq.ft. on the sixth floor of premises No. 18A, Park Street. The agreement, a copy whereof is annexure P 2 to the petition, is dated December 4, 2002. The document, on a stamp paper of Rs.10/-, records that a security deposit of Rs.1 lakh had been paid by the petitioner which was refundable without interest at the time of the petitioner vacating the premises. The tenancy was to be for a period of 15 years and the petitioner was to use the flat either for residential or business purpose.

(3) At the fifth paragraph of the petition it is averred that on November 16, 2005 some persons "claiming themselves to be officers of Allahabad Bank" called at the petitioners office at the said premises and represented that since the "petitioners landlord" had failed to repay a loan of Rs. 1,80,57,350/-, an officer of the bank authorised under the Securiti


































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