Calcutta High Court
Primarc Srijan Projects Llp & Ors vs Howrah Mills Co. Ltd on 19 November, 2020
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
ORDER
IA NO.GA/3/2020
IN
CS/186/2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
PRIMARC SRIJAN PROJECTS LLP & ORS.
Versus
HOWRAH MILLS CO. LTD.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 19th November, 2020.
(VIA VIDEO CONFERENCE)
APPEARANCE:
Mr. S. N. Mookherjee, Sr. Advocate
Mr. Ratnanko Banerjee, Sr. Advocate
Mr. Lokenath Chatterjee, Advocate
Mr. Paritosh Sinha, Advocate
Mr. Soubhik Chowdhury, Advocate
Mr. Dripto Majumdar, Advocate
...for the petitionerS.
Mr. Utpal Bose, Sr. Advocate
Mr. Souvik Majumdar, Advocate
Mr. Teesham Das, Advocate
...for the respondent.
The Court:- The affidavit of service is kept on record.
The plaintiffs entered into a joint development agreement with the defendant for developing a substantial tract of land situated on G.T. Road. The plaintiffs thereafter alleged breach of undertaking of certain terms of the agreement by the defendant as well as certain undertakings contained in a Minutes of Meeting held on 9th May 2017. The plaintiffs also claim approximately Rs.7 crores from the defendant in relation to money deposited by the plaintiffs. The plaintiffs have filed a suit for a money decree and recovery of certain sums from the defendant. 2
In the present application, learned senior counsel appearing for the petitioners / plaintiffs places an order dated 10th September 2018 passed by a Learned Single Judge of this Court by which the defendant / respondent was restrained from dealing with or encumbering the property in question until further orders. Counsel also places an order dated 4th December 2019, passed on affidavits, wherein an application for Judgment on Admissions filed by the petitioners was rejected by the Learned Judge. The order however records that the interim order of injunction passed on 10th September 2018 would continue till disposal of the suit.
Learned counsel for the petitioners places a few coloured photographs taken recently showing that the respondent has put up a placard announcing a "Howrah International Haat" which is "coming soon" and a telephone number has been indicated on the placard in relation to "contact for booking". Counsel submits that the respondent is planning to utilise the place for holding the fair in derogation of the order of injunction passed in 2018.
Learned senior counsel appearing for the respondent assures the Court that the respondent will not take any steps in furtherance of the placards or hoardings as indicated in the coloured photographs annexed to the application and will also not invite bookings for slots in connection with the "Haat" or otherwise. Counsel also submits that the petitioners and the respondent have met for discussing development plans in relation to the tract of land and a further meeting is scheduled for tomorrow i.e. 20th November 2020. Counsel invites the Court to record his submission by way of an undertaking including that the respondent will not take any steps to either encumber or deal with the property in question 3 as it had been directed by the order of 10th September 2018. It is also submitted that the order rejecting the application under Order XII Rule 6 of the Code of Civil Procedure filed by the petitioners has not been challenged by the petitioner. Counsel accordingly wishes to file an affidavit to the application.
On hearing learned counsel appearing for the parties, this Court is of the view that the submissions made on behalf of the respondent can be treated as an undertaking to not deal with or encumber the land which forms the subject matter of the development agreement executed between the parties. It should be mentioned that learned counsel for the respondent disputes the nature of the agreement. The respondent will continue to remain restrained from doing any acts or taking any steps contrary to the interim order of September 2018 including accepting bookings for fair slots as indicated in the hoarding. Affidavit in opposition to be filed within a fortnight from date; affidavit in reply within a fortnight thereafter. List this matter after five weeks.
The parties will exchange all pleadings filed by them within a week from date.
(MOUSHUMI BHATTACHARYA, J.) S. Kumar