PETITIONER: AMBALAL SARABHAI ENTERPRISESLTD.& ORS. Vs. RESPONDENT: PRAKASH CHANDRA ARYA DATE OF JUDGMENT: 18/12/1996 BENCH: K. RAMASWAMY, G.B. PATTANAIK ACT: HEADNOTE: JUDGMENT:
O R D E R
Leave granted
This appeal by special leave arises from the order of
the Division Bench of the Calcutta High Court, made on
November 29,1996 in G.A. No.3616/96. We decline to go to
into the merits of the matter. Suffice it to interfere with
the order of the learned single judge appointing a Receiver.
When the matter was mentioned in the Chief Court for early
hearing, this Court passed an order on December 4, 1996
thus|
“Permission to make the Receiver a
party respondent granted. Notice
will go to the Receiver. Dasti
service permitted. There will be
an-interim order directing the
Receiver not to part with the
possession of the premises to
anyone till further orders. List
the matter on 18.12.1996.”
Parties have filed their respective affidavits and
counter-affidavits. In the affidavit filed on behalf of the
appellants, they pointed out certain changes in the
circumstances on the basis of which Shri Dipankar Gupta,
learned senior counsel, sought to content that there is a
Memo of understanding before the BIFR in which one O.P. Mall
and Associates undertook to revive the sick industry of the
defendant-tenant. If the said agency is permitted to revive
the sick industry to work under the direction and control of
the Receiver, it may not cause any impediment to the
interest of the respondent-landlord. The said stand was
disputed by the learned counsel appearing for the
respondent. In that view of the matter, we think that it may
not be desirable at this stage to go into the question. It
would be open to the parties to place the entire material
before the Division Bench which would go into the matter on
merits and decide according to law.
In view of the fact that the industry requires to be
revived, we think that it would be expedient that the appeal
pending before the Division Bench is disposed of
expeditiously. Accordingly, we request the learned Chief
Justice to direct G.A. No. 3616/96 and the connected Appeal
APOT No.626/96 to be posted before appropriate Division
Bench for final disposal preferably on any date between 6th
January, 1997 and 9th January, 1997.
The appeal is accordingly disposed of. No costs.