Gauhati High Court
M/S Bhutan Duars Tea Associations Ltd. ... vs Northern Evangelical Lutheran Church ... on 1 March, 2019
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/2
GAHC010003242016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA 80/2018
1:M/S BHUTAN DUARS TEA ASSOCIATIONS LTD. and ANR
HAVING ITS PRINCIPAL OFFICE AT NILHAT HOUSE 6TH FLOOR, 11, R.N.
MUKHERJEE STREET, KOLKATA-700001
2: GULAB CHAND JOSHI
R/O- BIRJHORA TEA ESTATE
P.O.- BONGAIGAON
DIST - BONGAIGAON
ASSA
VERSUS
1:NORTHERN EVANGELICAL LUTHERAN CHURCH (NELC) and 5 ORS
HAVING ITS HEAD OFFICE AT DUMKA (JHARKHAND), BY ITS PRESENT
SECY.
2:RATAN SHREE FINVEST PVT. LTD.
R/O- 6TH FLOOR
NILHAT HOUSE NO. 11
R.N. MUKHERJEE STREET
KOLKATA- 700001.
3:NAHATA ESTATE PVT. LTD
R/O- 6TH FLOOR
NILHAT HOUSE NO. 11
R.N. MUKHERJEE STREET
KOLKATA- 700001.
4:SUMITRA SECURITIES LTD.
R/O- 6TH FLOOR
NILHAT HOUSE NO. 11
R.N. MUKHERJEE STREET
KOLKATA- 700001.
Page No.# 2/2
5:PARITOSH KUMAR DUTTA
R/O- 40, GARIAHAT ROAD, SOUTH KOLKATA- 700031.
6:MRIDULIKA DUTTA, R/O- 40, GARIAHAT ROAD
SOUTH KOLKATA- 700031
Advocate for the Petitioner : MR. A LAL
Advocate for the Respondent : MR G BAISHYA
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 01-03-2019 Heard Mr. A. Lal, learned counsel for the appellants. Also heard Mr. A. Hasan, learned counsel for the respondent No.1.
This second appeal is against the judgment dated 18.8.2015 passed by the learned District Judge, Kokrajhar in Title Appeal No. 6/2006 and the same is admitted on the following substantial question of law:
For that there is a substantial question of law which arises for determination as to whether the respondent No.1 /plaintiff which is an unregistered society could have instituted the Title Suit and/ or Title Appeal without being in representative capacity and in such situation the implication of the mandate of Section 21 of the Limitation Act of 1963.
Any other substantial questions of law those may be formulated at the time of hearing. Call for the LCR Leaving aside the main respondent No.1 who is represented by the learned counsel, the appellants shall take steps on the respondent Nos. 2 to 6 within a period of one week from today both by way of registered A/D post and usual process, returnable on 10.4.2019.
JUDGE Comparing Assistant