Calcutta High Court (Appellete Side)
993/2011 on 19 September, 2011
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1
Sl. September F.M.A. 1253 of 2011
30. 19, 2011
Re: CAN 7824 of 2011(injunction)
filed on August 12, 2011.
Mr. Aniruddha Chatterjee,
Mr. Rahul Karmakar,
...for the appellant.
Mr. Kartick Kumar Bhattacharya,
Mr. Sanat Chowdhury,
...for the respondents.
Mr. Kartick Kumar Bhattacharya, learned advocate, appears and submits that his junior, Mr. Sanat Chowdhury, learned advocate, has already entered appearance on behalf of the respondents by filing a vakalatnama on September 1, 2011 under filing no. A-13621.
Office is directed to incorporate the vakalatnama filed by Mr. Chowdhury in the records of this case.
Put up this application for injunction for hearing after reopening of the court after long vacation for the year 2011.
On the prayer of Mr. Bhattacharya, we grant liberty to the respondents to perform Durga Puja for the year 2011 at Premises No. 14B, Maharaja Nanda Kumar Road, Police Station - Tollygunge, Kolkata - 700029.
However, the respondents shall not cause any damage to the premises in suit nor shall change the nature and character of the same.
To avoid any future complication in the matter, we appoint Mr. Suchayan Banerjee, a practising advocate of this court, as special officer, who is requested to see that no permanent structure is raised in the suit premises during the Durga Puja or no damage is caused to the suit premises or no change is made with regard to the nature and character of the suit premises.
After the Durga Puja is being performed, the respondents are directed to remove all temporary structures from the suit premises.
The learned special officer shall submit his report after reopening of the court after long vacation for the year 2011.
The remuneration of the learned special officer is fixed at 400 G.Ms. to be shared by the parties equally.
Let xerox plain copies of this order duly countersigned by the 2 Assistant Registrar (Court) be made available to the learned advocates for the parties as also to the learned special officer to act accordingly.
( Subhro Kamal Mukherjee, J. ) ( Mrinal Kanti Sinha, J. ) dns