Judgment:
ORDER
SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA NO.2943 OF2013WITH CS NO.356 OF1994TANIMA GHOSH & ORS.Versus GITARANI GHOSH & ORS.……… GA NO.3651 OF2013WITH CS NO.356 OF1994TANIMA GHOSH & ORS.Versus GITARANI GHOSH ……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th December, 2013.
Mr.A.Das…appeaRs.Mr.A.Mitra, Mr.S.K.Ash…appear.
Mr.P.K.Roy, Mr.A.Banerjee, Mr.C.K.Saha…appear.
The Court : Mr.Chanchal Kumar Saha and Mr.Swapan Kumar Ash, learned advocates are appointed joint Receivers for the purpose of holding the sum of Rs.3,58,125.50 to be paid by Mr.Amitava Das’s client by Pay Order/Banker’s cheque by 20th December, 2013.
In the meanwhile, the joint Receivers will open an account in their names for depositing this Pay Order/Banker’s cheque.
This payment will be received by the joint ReceiveRs.without prejudice to the rights and contentions of Mr.Roy’s client in the contempt application and with regard to the balance payment.
Full compliance with the order dated 28th November, 2013 is kept in abeyance till 20th January, 2014 to enable Mr.Das’s client to take out an appropriate application explaining non-payment of the balance sum, as directed by the order dated 28th November, 2013 of Arijit Banerjee, J.
I also direct strict compliance with the order of the Division Bench dated 29th November, 2010 irrespective of the contempt application, which is pending.
If there is no compliance or inadequate compliance by 15th January, 2014, the Court will consider attaching the entire amount in the hands of the joint Receivers towards discharge of the obligation of Mr.Mitra’s client according to order dated 29th November, 2010.
In view of the appointment of joint ReceiveRs.the surviving sole Receiver is discharged.
It may be recorded that one of the joint ReceiveRs.Smt.
Tapati Ghosh expired recently.
The surviving Receiver is directed to file the accounts in the department by 15th January, 2014.
By 15th January, 2014 the newly appointed joint Receivers will consult the records in consultation with the surviving Receiver and take symbolic possession of the properties as was in the possession of the outgoing Receiver.
The newly appointed joint Receivers will make periodic inspection and ensure that the existing status quo order is respected by the parties.
The application [GA No.3651 of 2013].is disposed of.
Let GA No.2943 of 2013 appear as ‘New Motion’ on 27th January, 2014.
The outgoing Receiver, newly appointed joint Receivers and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I.
Pkd.
A.R.[C.R.].P.MUKERJI, J.)