Judgment:
ORDER
SHEET GA NO.1744 OF 201.WITH EOS NO.5 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NANDINI HOLDINGS & SECURITIES PVT.LTD.Versus PUSHPESH KR BAID & ORS.……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :
20. h December, 2012.
Mr.P.Chatterjee, Mr.R.Deb, senior advocate…appear.
Mr.Pramit Kr.
Roy, Mr.A.Kanodia…appear.
Mr.R.Banerjee, Mr.K.K.thakkar…appear.
Mr.D.Mukherjee…appeaRs.The Court : It appears from the report of the Deputy Commissioner of Police [Special]., Detective Department, Kolkata dated 10th December, 2012 that the title deeds in the possession of the plaintiff are genuine.
Furthermore, the title deeds in possession of Dena Bank in furtherance of an alleged equitable mortgage are fake or forged.
The foundation of the claim of the bank as equitable mortgagee rests on a mortgage created by deposit of original title deeds.
That foundation is shaken by the report.
Therefore, the claim of the plaintiff that they are genuine buyers of the subject property and that the bank cannot maintain any claim against them is, prima facie, sustained.
At this stage, the bank is unable to bring any evidence to controvert this state of affaiRs.But, it is submitted by Mr.Mukherjee that the bank is in the process of collecting evidence, which would show that there was collusion between the plaintiff and the Baids and that the plaintiff is not a transferee of the property at all, in the eye of law.
Therefore, the interim order dated 30th April, 2012, which is continuing will continue till the disposal of the suit, with the modification that in the light of the above circumstances there cannot be any fetter on the right of the plaintiff to deal with the property and that they are at liberty to deal with the property in accordance with law.
But this right of the plaintiff is kept in abeyance till four weeks of reopening of the Court after the Christmas vacation, to enable Dena Bank to assert their rights, if any, over the property on the basis of additional evidence collected by them in the near future.
This application is disposed of.
The Special Officer is discharged.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I.
Pkd.
Asstt.
Registrar [C.R.].P.MUKERJI, J.)