GA No. 1176 of 2011
With
AP No. 328 of 2011
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
GAUTAM AGARWALLA & ORS.
Versus
CHAKRADHAR LAL AGARWALLA & ORS.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date: 17th May, 2011
Mr. Ranjan Deb, Sr. Adv. with
Aniruddha Roy, Adv.
..for the petitioners
Mr. Dhruba Ghosh, Adv. with
Mr. Kaushik Mandal, Adv.
..for the respondent no.1
Mr. Samit Talukdar, Sr. Adv. with
Mr. Suman Dutta, Adv.
..for the respondent nos.2,5&7
The learned Advocate for the respondents submits that there is
no immediate proposal by the firm to sell, otherwise transfer or
encumber the properties of the firm mentioned in paragraph 4 of the
petition. He also assures me in the event such a decision is taken, the
petitioner would be given an opportunity to participate in bringing and
consideration of offers as was provided by the order dated 28th March,
2011 in A.P. No.328 of 2011. That order was with regard to a
Memorandum of Understanding being annexure `H’ of the petition in
2
A.P. No.328 of 2011. Furthermore, I make it clear that 12½% of the sale
consideration should also be set apart according to the order dated 28th
March, 2011.
Therefore, nothing remains in this application as well as A.P.
No.328 of 2011. A.P. No.328 of 2011 is, accordingly, treated as on the
day’s list. This application and A.P. No.328 of 2011 are disposed of by
this common order. It is made absolutely clear that the proceedings in
this Court were interlocutory and any observations made are to be
construed in that light.
If affidavit-in-opposition has not been filed by any of the
respondents, the allegations made in the petition are deemed not to
have been admitted by such respondents.
All parties are to act on a signed photocopy of this order on the
usual undertakings.
(I. P. MUKERJI, J.)
AKGoswami
