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2016 Supreme(Cal) 660

DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
Arjun Palit – Appellant
Versus
West Bengal Financial Corporation – Respondent


Advocates Appeared:
For the Appellants : Mr. Malay Basu and Mr. Dilip Kumar Samanta.
For the Respondents: Mr. Saptangshu Basu, Mr. Md. Hafiz Ali and Mr. Amiya Kr. Sur.

JUDGMENT :

Debasish Kar Gupta, J.

1. This appeal is directed against a judgment dated July 15, 2014 passed in W.P. No. 19398 (W) of 2014 by virtue of the impugned judgment the writ application of the appellant was dismissed.

2. The case made out in the writ application was that the father of the appellant/writ petitioner entered into an agreement dated January 17, 1990 for sale of a property of the West Bengal Financial Corporation (respondent no. 1) for purchasing a property of a defaulter (M/s. Iswari Ceremics). The father of the petitioner failed to pay the entire consideration money within February 23, 1990 in terms of the above agreement. Further, by a communication dated April 7, 1990, he withdrew his offer of purchasing the property under reference. Subsequently, the respondent no. 1 informed the father of the appellant by a communication dated November 15, 1990 that unless the payments in terms of the agreement under reference were made, the agreement for sale would be treated as cancelled and payment received from him would stand forfeited.

3. On March 20, 2014, the respondent no. 1 published advertisement in “Business Standard” and “Sambad Pratidin” for auction sale of the pr
















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