Calcutta High Court
Malvika Foundation And Ors vs Eiilm Foundation And Ors on 3 October, 2013
Author: Patherya
Bench: Patherya
GA No. 3063 of 2013
GA No.2176 of 2013
CS No. 251 of 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MALVIKA FOUNDATION AND ORS.
-Versus-
EIILM FOUNDATION AND ORS.
Appearance:
Mr. Surojit Nath Mitra, Sr. Adv.
Mr. Deepak Jain, Adv.
...for the plaintiff.
Mr. Hirak Mitra, Sr. Adv.
Mr. Tilok Bose, Sr. Adv.
Mr. Debjyoti Basu, Adv.
Mr. Vijaya Bhatia, Adv.
Mr. Ganesh Prasad Shaw, Adv.
...for the defendant Nos.1, 2, 4 & 5.
Mr. R.L. Mitra, Adv.
Mr. P. Dhar, Adv.
...for the defendant No.6.
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 3rd October, 2013.
The Court : It is only for survival of the subject
institute that a committee was appointed by order dated 5th August,
2013. The three-member committee consisted of a representative of
the petitioner, a representative of the respondents and an
independent representative. Meetings have been held by the three member committee from time to time. On behalf of the respondents certain documents have been placed before the three-member committee and for disbursement of sums the documentary evidence is 2 sought. There can be no dispute about the documents needed but the only thing that is objectionable is the representative of the petitioners seeking time to take instructions from his client. The representative should be so equipped so as to take spot decision on behalf of the petitioners and ought not to seek to revert to Court as this was not the intention for which the three- member committee was appointed. All decisions were to be taken by this committee. In the event directions are sought from Court this would mean a break down in the workings of the three-member committee.
As by this petition the respondent seeks disbursement of sums and the petitioners are seeking documentary evidence in respect thereof, Mr. Sandip Mukherjee, advocate, 1st floor, Bar Library Club is appointed Special Officer to consider the amounts that need to be disbursed, as sought in this petition. The Special Officer will be entitled to an initial remuneration of 500 GMs. to be realised from the funds of the Institute. Let all documentary evidence be placed before the Special Officer and a decision be taken by him at the earliest. Copies of the supporting documents be handed over to the petitioner's representative. Report, however, be filed by the Special Officer on the reopening.
Directions are given for filing affidavits. Let affidavit in opposition be filed within two weeks after the long vacation; reply thereto, if any, be filed within two weeks 3 thereafter. Matter to appear in the list five weeks after the long vacation.
Special Officer and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(PATHERYA, J.) As/pkd.
A.R.[C.R.]