Amitava Lala, J - (1.) This application is made on 11th of April, 2000. This is an interlocutory application arising out of the aforesaid commercial suit. In the instant application, the petitioner prayed for the following reliefs : "(a) The petitioner, its men, servants and agents be permitted to take possession and remove the equipments as mentioned in annexure 'P' hereof with the assistance of the Bidhannagar Police Station, 24-Pargarias (North); (b) Injunction restraining the respondent from interfering with ingress and egress from and out of the said premises by the men, servants and agents of the petitioner in any manner whatsoever; (c) Injunction restraining the said respondent from causing any interference and/or hindrance and/or obstruction to the Technicians and Personnel of the petitioner from removing the equipments from the site in any manner whatsoever; (d) Ad-interim order in terms of prayers (a) to (c) above; (e) Costs of this application be borne by the respondent; (f) Such further order or orders be passed and/or direction or directions be given as to this Hon'ble Court may deem fit and proper."
(2.) At the interim stage, a Single Bench of this Court was pleased to direct to adjudicate the matter on affidavits on adjourned date and passed a limited order that the petitioner shall be entitled to attend the machinery and equipment for the purpose of maintenance upon notice to the defendant- respondent as and when the petitioner would consider it necessary.
(3.) There was a prior suit instituted by the defendant- respondent on 23rd March, 2000 in the Court of Civil Judge, Junior Division 3rd Court at Sealdah, 24-Parganas (North) being T.S. No. 90 of 2000 claiming inter alia as follows : "(a) A decree for declaration against the defendant Nos. 1 to 2 that they have made several wrongs in respect of the property at DD-30A, Salt Lake City, P.S. Bidhan Nagar, Calcutta-700 064, in complete breaches of contract dated 28.3.1995 making them liable jointly and severally. (b) Permanent order of injunction restraining the defendants their men, agents and servants not to remove any goods from the premises No. DD-30A, Salt Lake City, Calcutta-700 064 till the disposal of the suit; (c) Temporary Injunction, in term of prayer (b); (d) Inventory; (e) Costs of the suit; (f) Any other relief or reliefs". ;