In Brief
Barasat Eye Hospital sought to set aside a pre-emption claim filed by Kaustabh Mondal, a tenant in Bihar. The central issue concerned whether amounts deposited by Mondal to exercise his statutory right of pre-emption must be refunded if the right ultimately cannot be exercised. The Supreme Court held that the time period for exercising pre-emption rights and depositing the full amount within that period are equally sacrosanct and interdependent. Since Mondal complied with procedural timelines, the Court ordered refund of his deposit with accrued interest, holding that neither the seller nor the State could appropriate the amount when the right could not be effectively exercised.
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