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2008 Supreme(Cal) 312

SANJIB BANERJEE
Kamal Kumar Mitra – Appellant
Versus
State of West Benagal – Respondent


Advocates Appeared:
For the Appearing Parties:Pratap Chatterji, Abhrajit Mitra, Satyabrata Chakraborty, Anirban Ray, Niloy Sen Gupta, Moloy Kumar Ghosh, Sarvopriya Mukherjee, Advocates.

Judgment :-

(1.) SANJIB Banerjee, J. : The application for condonation of delay has been filed as an afterthought and, ostensibly, by way of abundant caution. The petitioner had proceeded before that in the conviction that there was no delay on its part and, consequently, there was no need to proffer any explanation as to why the prayer for revocation of the grant of probate was not made earlier.

(2.) THE petitioner is a company, of which brothers Subramanyan -Sharad and Vasant appear to be the effective, if not the only, shareholders. No large corporate or business activity of the company is attempted to be demonstrated and it appears safe to conclude that its principal interest is in its alleged leasehold rights in respect of the first floor of premises No. 13/1, promotesh Barua Sarani, Calcutta -700019 that affords its shareholders to keep company of distinguished occupants in a plush upmarket part of town. The petitioner claims to be a lessee of the premises for 99 years, obtained under a deed of October 21, 1992 executed by Reba Mitra who as widow would have been the only intestate heir of testator Kamal Kumar Mitra.

(3.) THE petitioner claims that the testator, in fact, died




























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