Calcutta High Court
Zoom Developers Pvt. Ltd. & Anr vs S.P. Minerals on 10 March, 2011
Author: I.P. Mukerji
Bench: I. P. Mukerji
AP No.204 of 2011
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:-
Zoom Developers Pvt. Ltd. & Anr.
Versus
S.P. Minerals
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 10.03.2011.
Appearance:
Mr. D. Basak Adv.,
The Court :- Leave is granted under Clause 12 of the Letters
Patent subject to the question of its requirement, on the ground that the
memorandum of understanding dated 30th July, 2010 is pleaded to have
been executed within the jurisdiction of this Court.
Affidavit of service has been filed. It is said that the petition was
posted on 3rd March, 2011 to the respondent who is in Jharkhand. I am
of the opinion that another opportunity be given to them to appear. Therefore, list this application on 14th March, 2011 in the same position.
However, considering the prima facie case of the petitioner that they have terminated the memorandum of understanding under which they were to transfer the plant and machinery described in prayer (a) in favour of the respondent and that by virtue of such termination the 2 respondent might interfere with the petitioner's peaceful enjoyment of this property of which the petitioner is stated to be in possession, I pass an order in terms of prayer (a) till 17th of March, 2011 or until further orders whichever is earlier.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I.P. Mukerji, J.) SP/