MAJOR GENL B M BHATTACHARJEE RETD Vs. RUSSEL ESTATE CORPORATION
LAWS(SC)-1993-2-69
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on February 04,1993

B.M.BHATTACHARJEE Appellant
VERSUS
RUSSEL ESTATE CORPORATION Respondents

JUDGEMENT

B. P. Jeevan Reddy, J. - (1.) In, a suit for specific performance certain interlocutory orders were passed by a single Judge of the Calcutta High Court. On appeal a Division Bench of the said Court modified the said orders. A number of special leave petitions were filed in this Court against the orders of the Division Bench. Though the petitioners in these special leave petitions are different, the contesting respondents - in all these cases are common, namely Russel Estate Corporation and its managing partner Sri Hari Narayan Bhan.
(2.) For the purpose. of this petition, it is enough to mention that each of the petitioners in these S.L.Ps. is claiming to be entitled to allotment of one or more of the flats being constructed by the respondents at Calcutta. Their complaint has been that ignoring the agreements in their favour, the respondents have been allotting the constructed flats in favour of third parties thereby seeking to defeat their rights. On 1-8-1991 a Bench of this Court comprising of S. Ranganathan, M. Fathima Beevi and N.D. Ojha, JJ. passed the following order in I.A. No. 2 of 1991 after hearing the respondents. "Counsel accepts notice. In the meantime, till this Special Leave Petition is disposed of, respondents 1 and 2 should not make any further allotment of any other flats in the building in dispute, with effect from today. Counsel for the petitioner contends that the allotment of the flat, originally allotted to him, to some other person violates an oral order of a Division Bench of the High Court. It will be open to the petitioner to move the High Court for appropriate relief in this regard if so advised."
(3.) This Contempt Petition is filed complaining that the respondents have allotted certain flats in favour of third parties in violation of the said order.;


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