REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3865 OF 2006

West Bengal State Warehousing Corporation

… Appellant

Versus

M/s. Indrapuri Studio Pvt. Ltd. and another

… Respondents

J U D G M E N T

G.S. Singhvi, J.

1.

This appeal is directed against the judgment of the Division Bench of

Calcutta High Court whereby it declined to entertain the appeal filed by the

appellant under Section 11(1)(f) of the West Bengal Premises Requisition

and Control Act, 1947 (for short, `the Act’) against award dated 1.1.2003

passed by the Arbitrator under Section 11(1)(e).

2.

The premises belonging to respondent No.1 (covered area measuring

11,900 sq. feet and open space measuring 10,620 sq. feet) situated at N.S.C.

Bose Road, Tollygunge, Calcutta was requisitioned by the State Government

under Section 3 of the Act. After taking possession of the requisitioned

premises, the State Government transferred the same to the appellant.

3.

Since the amount of compensation payable to respondent No.1 in lieu

of the requisition of its property could not be fixed by agreement, the State

Government appointed an Arbitrator under Section 11(1)(b) of the Act