Full Judgment
1 ORDER
SHEET ACO No.55 of 2014 APOT No.129 of 2014 CP No.611 of 1988 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SRILA MITRA AND ANOTHER Versus PRASANTA KUMAR MITRA & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 9th April, 2014.
Appearance: Mr.Jay Saha with Mr.Subhajit Saha Ld.
Advocates for the appellant.
Mr.P.C.Sen, Sr.Advocate with Mr.Raj Ratna Sen And Ms.Moushmi Bhattacharjee, ld.
Advocates For the respondent no.3.
Mr.S.N.
Mookherjee, Sr.Advocate with Mr.Soumitra Dutta, Advocate for respondent no.7 Mr.D.N.
Sharma with MRS.Roopa Mitra, Ld.
Advocate for respondent no.6.
Mr.Jaydeep Kar with Mr.S.Bandopadhyay Ld.
Advocates for respondent Nos.16 and 17.
The Court :- We have heard the parties at length yesterday.
Today the matter is fixed for passing orders as the parties wanted to take further instruction in the matter.
Today, when the matter is called on Mr.S.N.
Mookherje, learned senior Counsel appearing for Prabhat Mitra, respondent no.7 submits, respondents are agreeable to keep the other application adjourned so that we could dispose of the present appeal.
Mr.Joy Saha, learned Counsel appearing for the appellant on the other hand submits, the respondents are filing applications one after the other almost asking for similar reliefs and in fact, in the other matter two interim orders have been passed.
We have heard the parties at length.
We have gone through the judgment and order impugned.
The learned Single Judge upon considering the relevant factors that revealed during the hearing and considering the rival contentions gave the following directions: “(i) appointed The Special Officer/Receiver and collecting the rents who was from the respective tenants and depositing the same in the separate account, shall continue to do so until further order.
(ii) The dissenting respondents are restrained from holding Company and properties out shall of the as not the directors deal Company with of the including the assets the said and shares alleged to have been acquired and/or purchased by them by creating a third party interest.
(iii) The Special Officer/Receiver is directed to remove the security guards placed by the added respondents agency and rents so and pay shall the appoint another remuneration collected.
In the thereof event, security from the the income generated from the rents of the respective tenants after the payment of the statutory liabilities are not sufficient to meet the above expenses, the petitioners and the respondents are directed to pay the differential amount in equal shares.” Mr.Saha would contend, the other learned Judge also gave direction appointment of on security the similar guards.
We issue intend including to hear the appeal and give direction for filing paper book.
As and by way of interim arrangement, we do not wish to disturb direction quoted above save and except we direct the parties not to proceed with the other application to avoid conflict of decision being CA126of 2013 pending before the learned Single Judge.
The same be treated as on the day’s list and is disposed of accordingly.
We abundantly make it clear that interim ordeRs.if any, passed in CA126of 2013 would stand superceded by the foregoing order including the paragraphs quoted (supra) from the judgment and order impugned.
Parties are directed to maintain status quo with regard to the shareholding of the Company being respondent no.4 abovenamed.
Mr.P.C.Sen, learned Senior Counsel appears for respondent no.3.
Mr.Mukherjee appears for respondent no.7.
Mr.Kar appears for respondent Nos.16 and 17.
Mr.Sharma appears notice of for appeal respondent upon the no.6.
Hence, appearing service of respondents is dispensed with.
The appellant is directed to cause service of notice of appeal upon the rest of the respondents at once.
It is stated that respondent Nos.1, 2 and 5 are dead.
Hence, their names be struck off.
The appellant is directed to file requisite number of informal paper books incorporating all papers and documents used before the learned Single Judge within 4 weeks from date.
As soon as the paper book is filed, place it for hearing.
In default, place it for final order.
This appeal would be heard along with the pending appeals being APOT Nos.123 and 124 of 2014.
ACO No.55 of 2014 is, thus, disposed of without any order as to costs.
(BANERJEE, J.) (ARIJIT BANERJEE, J.) dg/