T No. 31 of 2011
AP No. of 2011
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
In the matter of:
KIRIT KUMAR M. PATEL & ORS.
Versus
TILAK PRASAD RAY & ANR.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 19th May, 2011.
Appearance:
Mr. S.Talukdar, Advocate
Mr. Jishnu Saha, Advocate
Mr. A.Mukherjee, Advocate
for the petitioner
Mr. S.Mukherjee, Advocate
Mr. S.Sen, Advocate
for respondent Nos. 1 & 2.
The Court : In a Section 9 application, AP No.231 of 2010 (Kirit
Kumar Patel & Ors. -vs- Tilak Prasad Ray & Anr.), an order was
passed by this Court on 21st May, 2010, in terms of prayer (a) of the
petition. Prayer (a) is as follows :-
2
“An order of injunction be made restraining the respondents or
either of them by themselves or through their men, servants or
agents from in any manner dealing with, disposing off, alienating,
encumbering or parting with possession of any of their assets and
properties including in particular the shares of the respondent No.2
lying in the custody of Mr. Kanchan Roy, Advocate, the Raipur Tea
Estate of the second respondent and the premises No.5, Alipore Park
Road, Kolkata 700 027.”
This order of injunction was continued till disposal of that
application by my order dated 14th June, 2010.
By an order made on 31st January, 2011, by Kolkata Debts
Recovery Tribunal No.2 in OA No.41/2004 (UCO Bank -vs- M/s.
Amritpur Tea Co. Ltd. & Ors.), the applicant bank before the Tribunal
was given liberty to file an application in the Registry of the Tribunal
for return of the original title deeds. It is submitted that such
application has recently been filed. These title deeds, it is further
submitted, relate to the tea garden, inter alia, regarding which the
status quo order was passed. The petitioner apprehends that if these
title deeds are returned to the respondent No.2, they might part with
them which will lead to violation of the status quo order.
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Considering the status quo order and the above submissions, I
think the interest of justice will be sub-served if the title deeds are
not returned to the respondent No.2 but are handed over to their
Advocate on record who will hold them as an Officer of this Court till
disposal of this application.
I order accordingly :
Affidavit in opposition is to be filed by 20th June, 2011. List this
application in the monthly list of July, 2011. Affidavit in reply may be
filed in the meantime.
All parties concerned are to act on a signed photocopy of this
order upon the usual undertakings.
(I.P.MUKERJI, J.)
G/
