Calcutta High Court (Appellete Side)
Smt. Manbasa Devi vs Calcutta Landing And Shipping Co. ... on 15 May, 2015
Author: Harish Tandon
Bench: Harish Tandon
1 33 15.05 C.O. 1663 of 2015 AGM 2015 Smt. Manbasa Devi Versus Calcutta Landing and Shipping Co. Limited & Ors Mr. Haradhan Banerjee, Mr. Srijib Chakraborty, Mr. S. Maity, Piyali Basak, .... For the Petitioner.
Mr. S.P. Roy Chowdhury, Sr. Advocate, Mr. Debabrata Saha Roy, Mr. S. Bhattacharyya, Piyali Show, .... For the Opposite Party.
In an appeal under Order 43 Rule 1( r ) of the Code of Civil Procedure filed against an ex parte ad interim order of injunction, the appellate Court stayed the operation of the order at the time of admitting the said appeal on contest.
Mr. Roy Chowdhury, learned Sr. Advocate for the opposite party took a preliminary objection that the Court ought not to have entertained the revisional application as the order passed by the Trial Court lost its force and died its natural death.
Mr. Banerjee, learned advocate for the petitioner vehemently submits that the Court should not have passed the order of stay of the ex parte ad interim order of injunction at the stage of admission. He further submits that the opposite party is continuing with the construction work and if the same is completed, it would 2 create an hurdle in getting the injunction in the suit.
Mr. Roy Chowdhury, on instruction submits that his client is not undertaking any construction work and, therefore, the allegation of Mr. Banerjee is unfounded and incorrect.
In view of the rival stands of the respective counsels, this Court feels that in order to ascertain the exact state of affairs, let a Special Officer be appointed for the purpose of inspection of the suit premises. Mr. Sibasish Ghosh, learned advocate of this Court is appointed as a Special Officer to go and inspect the suit premises and shall submit the report on the returnable date.
The initial remuneration of the Special Officer is fixed at 800 GMs to be shared equally by the parties.
Let photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the Special Officer for compliance of the directions made above.
Let this revisional application appear on 2nd June, 2015 as 'Listed Motion' in the supplementary list.
( Harish Tandon, J.)