Rasika Impex Pvt. Ltd. Vs.

Rasika Impex Pvt. Ltd. vs Danish Music Corner and ors.

Type Court Judgment Court Kolkata Decided Apr 29, 2011

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https://sooperkanoon.com/case/917147

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Citation: sooperkanoon.com/917147
Court: Kolkata High Court
Judge: Sanjib Banerjee, J.
Decided On: Apr 29, 2011
Case Number: EC No. 15 of 2010.
Subject: Education

Case Summary

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

[MR.JUSTICE B.V.PINTO, J.] This CRL.A filed u/s.374(2) CR.P.C. by the advocate for the appellant against the judgment dt. 14.7.05 passed by the dist. & SJ., fast track court II, shimoga, in s.c.no,71/02 -convicting the appellant/accused for the offence p/u/s.326 of IPC and sentencing him to undergo S.I. for 5 years ...

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Rasika Impex Pvt. Ltd.

Advocate Ms. Lopita Banerjee, Adv.

Respondent

Danish Music Corner and ors.

Advocate Mr. Sudip Deb, Adv.

Excerpt

[mr.justice b.v.pinto, j.] this crl.a filed u/s.374(2) cr.p.c. by the advocate for the appellant against the judgment dt. 14.7.05 passed by the dist. & sj., fast track court ii, shimoga, in s.c.no,71/02 -convicting the appellant/accused for the offence p/u/s.326 of ipc and sentencing him to undergo s.i. for 5 years and to pay a fine of rs.3000/- i.d., s.i. for 6 months for the offence p/u/s.326 of ipc.1. the third judgment-debtor is in the process of being cross examined. the seventh judgment-debtor has been cross examined. the second judgment-debtor was supposed to be cross examined, but it is submitted that he has been hospitalized. the judgment-debtor nos. 2 to 7 should be present when the matter is taken up next on may 6, 2011. the third and the seventh judgment-debtors appear to be completely tutored and, prima facie, the answers given to questions appear to be to deceive both the decree-holder and court.2. the third judgment-debtor has said that there is a family electronics shop by the name of danish music corner and a hotel by the name of danish hotel at dharmatala street. mr. ranjan kali, advocate, is appointed receiver for the purpose of immediately proceeding to seal the shop room by the name of danish music corner and the hotel by the name of danish hotel at 7, lenin sarani, calcutta 13. the receiver will make an inventory of all items in the shop room and will not permit any item to be removed without previous leave of court. 3. the decree-holder will pay the receivers immediate remuneration of 600 gm and add the same to the claim in execution. 4. the receiver has heard this order pronounced in open court and will not wait for any authenticated copy of this order to immediately proceed to seal the music shop by the name of danish music corner and the hotel by the name of danish hotel. 5. the receiver will be entitled to obtain police assistance for such purpose and the deputy commissioner of kolkata police, central through the officer-in-charge of the local police station will render all assistance and ensure that this order is strictly complied with. 6. all parties and the police authorities are to act on signed photocopies of this order on the parties usual undertaking

Full Judgment

1. The third judgment-debtor is in the process of being cross examined. The seventh judgment-debtor has been cross examined. The second judgment-debtor was supposed to be cross examined, but it is submitted that he has been hospitalized. The judgment-debtor nos. 2 to 7 should be present when the matter is taken up next on May 6, 2011. The third and the seventh judgment-debtors appear to be completely tutored and, prima facie, the answers given to questions appear to be to deceive both the decree-holder and Court.

2. The third judgment-debtor has said that there is a family electronics shop by the name of Danish Music Corner and a hotel by the name of Danish Hotel at Dharmatala Street. Mr. Ranjan Kali, Advocate, is appointed receiver for the purpose of immediately proceeding to seal the shop room by the name of Danish Music Corner and the hotel by the name of Danish Hotel at 7, Lenin Sarani, Calcutta 13. The receiver will make an inventory of all items in the shop room and will not permit any item to be removed without previous leave of Court.

3. The decree-holder will pay the receivers immediate remuneration of 600 GM and add the same to the claim in execution.

4. The receiver has heard this order pronounced in open Court and will not wait for any authenticated copy of this order to immediately proceed to seal the music shop by the name of Danish Music Corner and the hotel by the name of Danish Hotel.

5. The receiver will be entitled to obtain police assistance for such purpose and the Deputy Commissioner of Kolkata Police, Central through the officer-in-charge of the local police station will render all assistance and ensure that this order is strictly complied with.

6. All parties and the police authorities are to act on signed photocopies of this order on the parties usual undertaking

Same Court & Year Kolkata · 2011 Same Parties Rasika Impex Pvt. Ltd. vs Danish Music Corner and ors. Same Subject Education Same Judge Sanjib Banerjee, J.

Education