Kanchan Bhattacharyya VS Mir Enterprise

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SOMA BHATTACHARJEE, SAMIKSHA BHATTACHARYA
Kanchan Bhattacharyya – Appellant
Versus
Mir Enterprise – Respondent

Counsel for the Parties:
For the Complainants:Mr Prasanta Banerjee, Mr Avijit Bhunia, Advocates
For the Opp. Party:Mir Anuruzzaman, Advocates

ORDER

Soma Bhattacharjee, Presiding Member.—CC/488/2017 has been filed by Mrs. Kanchan Bhattacharya and Mr. Tapas Kumar Bhattacharya complainants against M/s Mir Enterprise and others u/s 12 of the C.P. Act, 1986 alleging negligence and deficiency in service in the matter of housing dispute. The case in a nutshell is as follows:

2. The OP no. 1 is a proprietorship firm and Md. Mehruddin, OP no. 2 is the proprietor of this firm and solely involved in day to day transactions of OP no. 1 and is the signatory of all agreements executed on behalf of the OP no. 1. The OP nos. 3 and 4 are landowners of the scheduled premises no. 366/1, Purbachal Road, P.O. Haltu, P.S. Garfa, Kolkata - 700078, Dist: South 24 Parganas, measuring 4 cottahs 3 chhitaks and a little more within Ward No. 106 of KMC. The OPs 1 and 2 entered into a joint venture agreement dt. 13.02.2014 with OP nos. 3 and 4 for construction of one G+3 storied building on the said plot of land. The OP nos. 3 and 4 executed a registered Power of Attorney in favour of the OP no. 2, the proprietor of the firm. This POA was registered at the office of DSR 3 Alipore, 24 Pgs (South).

3. On the basis of this agreement and POA the OP nos.

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