Santimoy Kundu Chowdhury and ors. Vs. Samir Kumar Kundu Chowdhury and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1097524
CourtKolkata High Court
Decided OnNov-12-2013
JudgeI. P. MUKERJI
AppellantSantimoy Kundu Chowdhury and ors.
RespondentSamir Kumar Kundu Chowdhury and ors.
Excerpt:
order sheet ga no.2326 of2012with cs no.978 of1935ga no.2330 of2012ga no.2331 of2012ga no.2332 of2012ga no.2335 of2012ga no.2336 of2012ga no.2337 of2012ga no.2339 of2012in the high court at calcutta ordinary original civil jurisdiction original side santimoy kundu chowdhury & ors.versus samir kumar kundu chowdhury & ors.……… before: the hon'ble justice i.p.mukerj.date : 12th november, 2013. mr.u.bose, mr.d.sen, mr.s.chatterjee…appear. mr.p.naskar…appears for one of the joint receivers.mr.s.ghosh…appears for one of the joint receivers.the court : let each of these applications be served on mr.bose’s client. each of these applications has been made by one of the joint receivers.it appears from the order of the division bench presided over by ashim kumar banerjee, j. made on 11th july, 2013 that one of the joint receivers cannot act singly. the other joint receiver is present in court. he says that he was not consulted before filing the applications. mr.ghosh replied that he was not rendering any cooperation in making this application. whatever might be the reason, these applications by one of the joint receivers is not maintainable. each of these applications is dismissed. one of the joint receivers.being mr.ghosh’s client, will be at liberty to call upon the other joint receiver to hold a meeting for the purpose of making a fresh application. if the meeting is held and there is concurrence of opinion between the joint receivers.the application can be made. if there is divergence of opinion then the joint receivers may direct any of the parties to make the application. even if there is division in making this direction one of the joint receivers may make the direction subject to the rights and contentions of the parties. the application may be made on the self-same cause of action. 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.)
Judgment:

ORDER

SHEET GA NO.2326 OF2012WITH CS NO.978 OF1935GA NO.2330 OF2012GA NO.2331 OF2012GA NO.2332 OF2012GA NO.2335 OF2012GA NO.2336 OF2012GA NO.2337 OF2012GA NO.2339 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SANTIMOY KUNDU CHOWDHURY & ORS.Versus SAMIR KUMAR KUNDU CHOWDHURY & ORS.……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th November, 2013.

Mr.U.Bose, Mr.D.Sen, Mr.S.Chatterjee…appear.

Mr.P.Naskar…appears for one of the Joint ReceiveRs.Mr.S.Ghosh…appears for one of the Joint ReceiveRs.The Court : Let each of these applications be served on Mr.Bose’s client.

Each of these applications has been made by one of the Joint ReceiveRs.It appears from the order of the Division Bench presided over by Ashim Kumar Banerjee, J.

made on 11th July, 2013 that one of the Joint Receivers cannot act singly.

The other Joint Receiver is present in Court.

He says that he was not consulted before filing the applications.

Mr.Ghosh replied that he was not rendering any cooperation in making this application.

Whatever might be the reason, these applications by one of the Joint Receivers is not maintainable.

Each of these applications is dismissed.

One of the Joint ReceiveRs.being Mr.Ghosh’s client, will be at liberty to call upon the other Joint Receiver to hold a meeting for the purpose of making a fresh application.

If the meeting is held and there is concurrence of opinion between the Joint ReceiveRs.the application can be made.

If there is divergence of opinion then the Joint Receivers may direct any of the parties to make the application.

Even if there is division in making this direction one of the Joint Receivers may make the direction subject to the rights and contentions of the parties.

The application may be made on the self-same cause of action.

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.)