Tarini Financial Advisory Ltd. and anr. Vs. Smt. Krishna Dhar and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1116177
CourtKolkata High Court
Decided OnDec-23-2013
JudgeI. P. MUKERJI
AppellantTarini Financial Advisory Ltd. and anr.
RespondentSmt. Krishna Dhar and anr.
Excerpt:
order sheet ga no.3676 of2013with cs no.444 of2013in the high court at calcutta ordinary original civil jurisdiction original side tarini financial advisory ltd.& anr. versus smt. krishna dhar & anr. ……… before: the hon'ble justice i.p.mukerj.date : 23rd december, 2013. mr.ranjan bachawat, mr.s.sen…appear. mr.d.dhar, ms.m.das,mr.r.dhar…appear. mr.a.chowdhury, senior advocate, mr.k.r.thakkar…appear. the court : i have considered the report of the special officer. the plaintiffs are described as rank trespassers by learned counsel for the defendants; and m/s.essem enterprises pvt.ltd., which is represented by mr.ahin chowdhury, learned senior advocate. however, the special officer in his report has found the plaintiffs to be in possession of five rooms on the ground floor and one room on the firs.floor. this is also disputed by the defendants. i have also considered the photographs shown by mr.bachawat showing parking of cars at the entrance to the premises. none can deny that even if it is assumed that the plaintiffs are trespassers.they cannot be evicted from the premises or denied ingress and egress therefrom without the due process of law. this is without prejudice to the submission of mr.bachawat that the plaintiffs have a legal right. in that view of the matter, the special officer will ensure that the plaintiffs have a right of ingress into and egress from the premises in question. the special officer will ensure that cars are parked at the entrance point in an orderly manner so as to provide easy access, to the premises. the special officer will be paid further remuneration equal to the initial remuneration paid by the plaintiffs. leave is granted to mr.ahin chowdhury’s client to file an affidavit without prejudice. the question of adding m/s.essem enterprises pvt.ltd., will be considered on an appropriate application let affidavits be filed according to the following directions: let affidavit in opposition be filed by 13th january, 2014. list this application on 22nd january, 2014. affidavit in reply, if any, may be filed in the meantime. 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.3676 OF2013WITH CS NO.444 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TARINI FINANCIAL ADVISORY LTD.& ANR.

Versus SMT.

KRISHNA DHAR & ANR.

……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 23rd December, 2013.

Mr.Ranjan Bachawat, Mr.S.Sen…appear.

Mr.D.Dhar, Ms.M.Das,Mr.R.Dhar…appear.

Mr.A.Chowdhury, senior advocate, Mr.K.R.Thakkar…appear.

The Court : I have considered the report of the Special Officer.

The plaintiffs are described as rank trespassers by learned counsel for the defendants; and M/S.Essem Enterprises PVT.Ltd., which is represented by Mr.Ahin Chowdhury, learned senior advocate.

However, the Special Officer in his report has found the plaintiffs to be in possession of five rooms on the ground floor and one room on the fiRs.floor.

This is also disputed by the defendants.

I have also considered the photographs shown by Mr.Bachawat showing parking of cars at the entrance to the premises.

None can deny that even if it is assumed that the plaintiffs are trespasseRs.they cannot be evicted from the premises or denied ingress and egress therefrom without the due process of law.

This is without prejudice to the submission of Mr.Bachawat that the plaintiffs have a legal right.

In that view of the matter, the Special Officer will ensure that the plaintiffs have a right of ingress into and egress from the premises in question.

The Special Officer will ensure that cars are parked at the entrance point in an orderly manner so as to provide easy access, to the premises.

The Special Officer will be paid further remuneration equal to the initial remuneration paid by the plaintiffs.

Leave is granted to Mr.Ahin Chowdhury’s client to file an affidavit without prejudice.

The question of adding M/S.Essem Enterprises PVT.Ltd., will be considered on an appropriate application Let affidavits be filed according to the following directions: Let affidavit in opposition be filed by 13th January, 2014.

List this application on 22nd January, 2014.

Affidavit in reply, if any, may be filed in the meantime.

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.)