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2023 Supreme(Cal) 856

SIDDHARTHA ROY CHOWDHURY
Radharani Bose (Deceased) – Appellant
Versus
Bank of Baroda – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Probal Kumar Mukherjee, Rajat Dutta.

JUDGMENT :

SIDDHARTHA ROY CHOWDHURY, J.

1. This revisional application challenges the Order No. 30 dated 20.9.2006 passed by the learned Presiding Officer, Debts Recovery Tribunal-III, Kolkata and order passed in Appeal No. 3 of 2003 affirming the Order No. 25 dated 06.01.2003 passed by the Recovery Officer in T.R.P. 32 of 2002 under Recovery of Debts Due to Banks and Financial Institution Act, 1993, wherein the Recovery Officer was pleased to direct the Receiver to take appropriate step for causing the suit premises to be vacated immediately and, if necessary, with the active assistance of the local police within two months, coupled with direction upon the Officer-in-Charge of the jurisdictional police station to render all assistance to the learned Receiver for vacating the suit premises.

2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

3. Despite service, none appears on behalf of the opposite parties.

4. Briefly stated, Smt. Radharani Bose, since deceased, entered into an agreement for lease on 18.7.1951 in respect of the property in question with Sri Nanilal Bose, the then owner/ landlord. The agreement was duly reg

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