Smt. Premlata Arya and anr. Vs. Ambalal Sarabhai Enterprise Ltd. and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1125268
CourtKolkata High Court
Decided OnFeb-10-2014
JudgeDEBANGSU BASAK
AppellantSmt. Premlata Arya and anr.
RespondentAmbalal Sarabhai Enterprise Ltd. and ors.
Excerpt:
order sheet c.s.no.323 of 1989 in the high court at calcutta ordinary original civil jurisdiction original side smt. premlata arya & anr. versus ambalal sarabhai enterprise ltd.& ors.before: the hon'ble justice debangsu basak date: 10th february, 2014. appearance: mr.anuj singh, adv.mr.p.banerjee, adv.… for the decree-holder mr.swarnendho ghosh, adv.mr.d.roy chowdhury, adv.miss.t.chatterjee, adv.mr.a.sinha, adv.… for the defendants the court: there were three eviction suits against the defendants. decrees for eviction were passed in all the three suits. in one of such suits being c.s.no.297 of 1989, a member of the bar was appointed as special referee to compute the mesne profit and submitted his report in court. the special referee was subsequently changed. it was submitted by the parties that the present special referee was in the process of computing of the mesne profit in c.s.no.297 of 1989. the parties prayed for appointment of the same special referee in the instant suit for the purpose of computing the mesne profit in respect of the instant suit and submit a report thereof to this hon’ble court. mr.ramesh sharma, learned advocate appointed as a special referee in c.s.no.297 of 1989, is appointed the special referee in the present suit and is directed to compute the mesne profit for the present suit and submit his report. he is to complete much exercise by march 28, 2014. the parties will extend necessary co-operation to the special referee in this regard. let the suit appear on march 28, 2014. the special referee shall be entitled to an initial remuneration of 1200 gms to be shared by the plaintiff and contesting defendant equally. the costs charges and expenses of the commission shall be borne by the plaintiff and the contested defendant in equal share. urgent website certified copies of this order, if applied for, be supplied to be parties subject to compliance with all the requisite formalities. (debangsu basak, j.) sg2
Judgment:

ORDER

SHEET C.S.No.323 of 1989 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SMT.

PREMLATA ARYA & ANR.

Versus AMBALAL SARABHAI ENTERPRISE LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 10th February, 2014.

Appearance: Mr.Anuj Singh, Adv.Mr.P.Banerjee, Adv.… for the decree-holder Mr.Swarnendho Ghosh, Adv.Mr.D.Roy Chowdhury, Adv.Miss.T.Chatterjee, Adv.Mr.A.Sinha, Adv.… for the defendants The Court: There were three eviction suits against the defendants.

Decrees for eviction were passed in all the three suits.

In one of such suits being C.S.No.297 of 1989, a member of the Bar was appointed as Special Referee to compute the mesne profit and submitted his report in Court.

The Special Referee was subsequently changed.

It was submitted by the parties that the present Special Referee was in the process of computing of the mesne profit in C.S.No.297 of 1989.

The parties prayed for appointment of the same Special Referee in the instant suit for the purpose of computing the mesne profit in respect of the instant suit and submit a report thereof to this Hon’ble Court.

Mr.Ramesh Sharma, learned Advocate appointed as a Special Referee in C.S.No.297 of 1989, is appointed the Special Referee in the present suit and is directed to compute the mesne profit for the present suit and submit his report.

He is to complete much exercise by March 28, 2014.

The parties will extend necessary co-operation to the Special Referee in this regard.

Let the suit appear on March 28, 2014.

The Special Referee shall be entitled to an initial remuneration of 1200 GMs to be shared by the plaintiff and contesting defendant equally.

The costs charges and expenses of the Commission shall be borne by the plaintiff and the contested defendant in equal share.

Urgent website certified copies of this order, if applied for, be supplied to be parties subject to compliance with all the requisite formalities.

(DEBANGSU BASAK, J.) sg2