Calcutta High Court
Malvika Foundation & Ors vs Eiilm Foundation & Ors on 2 August, 2013
Author: Patherya
Bench: Patherya
ORDER SHEET
GA NO. 2176 OF 2013
With
CS no.251 of 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MALVIKA FOUNDATION & ORS.
Versus
EIILM FOUNDATION & ORS.
.........
BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 2nd August, 2013.
Mr. S.N. Mitra, senior advocate, Mr. M. Bose...for petitioners.
Mr. H.K. Mitter, senior advocate, Mr. D. Dutta, Ms. V. Bhatia, Mr. G.P. Shaw, Mr.A. Das...for respondent nos.1, 2, 4 and 5. Mr. S.S. Banerjee, Mr. C. Gupta...for respondent no.3.
Mr. P. Chatterjee, senior advocate, Mr. Samrat Sen, Mr. R.L. Mitra, Ms. P. Dhar...for respondentno.6. The Court : By order dated 26th July, 2013 an order was passed in terms of prayer [d] of the Notice of Motion.
Prayer [d] reads as follows :
"[d] An order of injunction be passed restraining the respondents and each one of them, their respective servants, agents and assigns from in any way dealing with and/or withdrawing any fund lying in the bank accounts of the respondents and particularly of the respondent no.1 including those mentioned accounts mentioned in paragraphs 36[v], 36[ix], 36[Xiii], 36[xiv], 36[xv], 36[xxiii], 36[xxv] and 37[e] above."
From a reading of the said prayer [d] it appears that the bank accounts of all the respondents has been restrained from operation. 2
Prayer [e] of the plaint reads as follows :
"Perpetual injunction restraining the defendants and each one of them from in any way operating and/or withdrawing any money from the bank accounts opened in the name of the defendant no.1 and/or in the name of "Eastern Institute for Integrated Learning in Management - A Unit of EIILM Foundation" and particularly, the bank accounts mentioned in paragraphs 36[v], 36[ix], 36[xiii], 36[xiv], 36[xv], 36[xxiii], 36[xxv] and 37[e] above."
Therefore, in prayer [e] of the plaint the petitioner restricted himself to monies in the bank account of the defendant no.1 and did not extend it to the other trustees namely, the respondent nos.2, 3, 4, 5 and 6. Accordingly, in respect of the bank accounts of the respondent nos.2, 3, 4, 5 and 6 the order dated 26th July, 2013 is vacated but such order will continue in respect of the respondent no.1. This order is passed as an interim order can be passed only in aid of the main relief and in the plaint no restrain order has been sought in respect of the respondent trustees.
It is made clear that the respondent nos.2, 4 and 5 will produce the bank statements on the next date of hearing.
Matter to appear in the list on 5th August, 2013. It has been submitted on behalf of the respondent no.6 that the respondent no.6 has resigned from the respondent no.1 this day. Let the same be recorded.
Interim order granted in terms of prayer [c] be continued till 12th August, 2013.
This order is passed without prejudice to the rights and contentions of all parties and the issue of maintainability is kept open.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(PATHERYA, J.) pkd.
Asstt. Registrar [C.R.]