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1993 Supreme(Cal) 415

ALTAMAS KABIR
Messrs Arihant International – Appellant
Versus
Commissioner of Panihati Municipality – Respondent


Advocates appeared:
Mr. Anindya K. Mitra, P. K. Ghosh, Samit Talukdar and I. P. Mukeji ......for the Petitioners
Mr. Bimal K. Chatterjee and Ranjan Sinha ….for tile Respondent No. 14
Senior Standing Counsel and Mr. Dilip De .......for the Panihati Municipality
Mr. P. K. Dulla ......for the other Respondents

Judgment :

The petitioner No. 1 is a registered partnership firm having its office at "Sagar Estate", 2. Clive Ghat Street. Calcutta- 700 001, and the petitioner No.2 is one of the partners thereof.

2. The case of the writ petitioners, as made out in the writ petition, is that one Prakashwati Devi Kajaria and the respondents Nos. 4 to 13, as the joint owners of premises No. 105-F, North Station Road, Agarpara, District-24 Parganas (North), within Panihati Municipality, entered into two Memorandums of understanding dated 9th April, 1991 and 27th May, 1991, respectively, with M/s. R. D. Builders, for construction of a building complex on the said premises, on the terms and conditions mentioned therein. M/s. R. D. Builders agreed to nominate the petitioner No.1 firm to develop the said premises in its place, and, towards that end, the joint owners thereof entered into a fresh Agreement with the petitioner No.1 firm on 27th December, 1991, with the said M/s. R. D. Builders as Confirming Party. The said Agreement was duly registered with the Additional District Sub-Registrar, Barasat.

3. According to the petitioners, it would be clear from the Agreement itself that the same was binding on











































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