Sri Tripti Kumar Chatterjee Vs. Sri Arnab Roy and ors.

Sri Tripti Kumar Chatterjee vs Sri Arnab Roy and ors.

Type Court Judgment Court Kolkata Decided Jul 23, 2010

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https://sooperkanoon.com/case/906075

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Citation: sooperkanoon.com/906075
Court: Kolkata High Court
Judge: Girish Chandra Gupta, J.
Decided On: Jul 23, 2010
Case Number: CC No. 78 of 2010
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Sri Tripti Kumar Chatterjee

Advocate Mr. Sudipto Moitra, Adv.

Respondent

Sri Arnab Roy and ors.

Advocate Mr. Debangshu Mondal, Adv.

Excerpt

the court :- the writ petitioner represented by mr. moitra submitted that he has already obtained all requisite permission and licences for the purpose of carrying on business of bar & restaurant.mr.debangshu mondal, learned advocate appearing for the kolkata municipal corporation led by mr. ghosh submitted that under section 425 of the kolkata municipal corporation act, the licence already issued to the writ petitioner should be deemed to have been issued provisionally which shall become final only after the other licences required under the statute for the purpose of running the business of a bar & restaurant are produced and verified by the municipal authority. considering the submissions made by the learned advocates the writ petitioner is directed to produce all licences, which he has, according to him obtained, to the municipal commissioner for verification. in the event he finds that all requisite licences have already been obtained by the writ petitioner, he shall, in that event, certify that the trade licence already issued is final. upon such certificate being issued, the petitioner shall be entitled to carry on business as before. the commissioner of the municipal corporation shall try to dispose of the matter as early as possible, preferably within two weeks from date when the documents are submitted. let the matter be listed after three weeks. all parties are to act on a xerox signed copy of this order on the usual undertakings.

Full Judgment

The Court :- The writ petitioner represented by Mr. Moitra submitted that he has already obtained all requisite permission and licences for the purpose of carrying on business of Bar & Restaurant.

Mr.Debangshu Mondal, learned Advocate appearing for the Kolkata Municipal Corporation led by Mr. Ghosh submitted that under Section 425 of the Kolkata Municipal Corporation Act, the licence already issued to the writ petitioner should be deemed to have been issued provisionally which shall become final only after the other licences required under the Statute for the purpose of running the business of a Bar & Restaurant are produced and verified by the Municipal Authority.

Considering the submissions made by the learned Advocates the writ petitioner is directed to produce all licences, which he has, according to him obtained, to the Municipal Commissioner for verification. In the event he finds that all requisite licences have already been obtained by the writ petitioner, he shall, in that event, certify that the trade licence already issued is final. Upon such certificate being issued, the petitioner shall be entitled to carry on business as before.

The Commissioner of the Municipal Corporation shall try to dispose of the matter as early as possible, preferably within two weeks from date when the documents are submitted. Let the matter be listed after three weeks. All parties are to act on a xerox signed copy of this order on the usual undertakings.

Same Court & Year Kolkata · 2010 Same Parties Sri Tripti Kumar Chatterjee vs Sri Arnab Roy and ors. Same Subject MRTP Same Judge Girish Chandra Gupta, J.