Calcutta High Court
The Bengal Freemasons' Trust ... vs District Grand Lodge Of Mark Master ... on 17 April, 2014
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
TA No.54 of 2014
CS No.134 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
THE BENGAL FREEMASONS' TRUST ASSOCIATION
Versus
DISTRICT GRAND LODGE OF MARK MASTER MASONS OF BENGAL & ANR.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 17th April, 2014.
Appearance:
Mr. Samrat Sen, Adv.
Ms. Priyanka Dhar, Adv.
The Court :- This application is moved upon notice. An affidavit of service is on record.
None appears for the defendants. No accommodation is sought. The plaintiff is a company limited by guarantee. It is affiliated to the Grand Lodge of Mark Master Masons of England and Wales and its Districts and Lodges Overseas, situated in London.
The plaintiff body has affiliates all over the country. One such affiliate was an unincorporated association, Mark Master Masons which was functioning from about 3408 sq.ft. covered area together with lawn at 19 Mother Teresa Sarani, Kolkata 700 016.
Now, it appears that the association broke up in August, 2012. Some of the members of the erstwhile association have formed their own society, being the first defendant of which the second defendant is the President. According to Mr. Sen, learned Counsel for the plaintiff, they have unauthorizedly occupied two rooms shaded in red in Annexure-H to this application. These two rooms are on the northern side of the premises. It is 2 submitted that the property lawfully belongs to the plaintiff and that the defendants are trespassers.
A prima facie case is made out.
Orders in terms of prayers (a) and (b) of the Notice of Motion until further orders.
I appoint Mr. Sukumar Ghosh (Kirti Chakra), Advocate of Bar Association Room No. 1 and Mr. Jyoti Prakash Chatterjee, Advocate of Bar Association, Room No. 16 as Joint Special Officers to visit the said part of the property, make an inventory of the same, take symbolic possession thereof and file a report in this Court by 30th April, 2014. I make it clear that, at this stage, the Joint Special Officers will not interfere with the possession of any person. The Joint Special Officers be paid an initial remuneration of 500 G.Ms each by the plaintiff.
I make this application returnable on 5th May, 2014.
(I. P. MUKERJI, J.) cs. A.R.(CR).