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2022 Supreme(Cal) 582

ARIJIT BANERJEE, KAUSIK CHANDA
Indian Oil Corporation Limited – Appellant
Versus
Anchit Agarwal – Respondent


Advocates appeared:
Mr. Tilak Kumar Bose, Sr. Adv. Ms. Vineeta Meharia, Adv. Mr. Amit Meharia, Adv. Mr. Puspendu Chakraborty, Adv. Ms. Madhurima Halder, Adv. Ms. Paramita Banerjee, Adv. Ms. Subika Paul, Adv. Ms. Amrita Das, Adv, for the Appellant; Ms. Sutapa Sanyal, Adv. Mr. Debrup Bhattacharya, Adv. Mr. Tirthankar Dey, Adv. Mr. Diptamoy Talukdar, Adv. Mr. Sujit Bhunia, Adv. Mr. Subit Majumdar, Adv. Mr. Amit Kumar Roy, Adv, Mr. Amitesh Banerjee, Ld. Sr. Standing Counsel Mr. Suddhadev Adak, Adv, Mr. Md. T.M. Siddiqui, Adv, Mr. Nilotpal Chaterjee, Adv, for the Respondent

JUDGMENT

Arijit Banerjee, J. - MAT 1230/2021 is an appeal from the judgment and order dated August 10, 2018, whereby W.P. No. 17722(W) of 2005 was disposed of.

M.A.T 1212 of 2021 is an appeal from the judgment and order dated September 3, 2021, whereby the application of the respondent no. 6 in the writ petition (appellant before us) for review of the judgment and order dated August 10, 2018, was dismissed. The two appeals were taken up for hearing together along with connected applications as they involve the same facts and points of law.

2. I propose to deal first with MAT 1230 of 2021.

In re: M.A.T. 1230 of 2021 3. The writ petitioner claims to be the owner of Premises No. 151, Bidhan Sarani, Kolkata (in short, 'the said premises').

4. In the year 2005, the writ petitioner filed W.P. No. 17722(W) of 2005 before a learned Single Judge of this Court. The writ petition contained several prayers. However, before the learned Single Judge, the writ petitioner gave up all prayers save and except prayer (a) as was recorded by the learned Single Judge by an order dated December 20, 2005. Prayer (a) of the said writ petition reads as follows:-

    'a) A declaration be issued by this Hon'ble Court

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