- (1.) In this application the following prayers have been made :- '(a) An order declaring that the purported compromise decree dated 27/08/1997, passed in C.S. No. 300 of 1997 is a nullity and void ab initio and not capable of being executed by the plaintiffs; (b) Alternatively, an order recording satisfaction in full of the said purported compromise decree passed on 27/08/1997, in C.S. No. 300 of 1997 and for a declaration that the entire claim of both the plaintiffs in terms thereof stands satisfied in full, and as such, the said decree has become incapable of execution; (c) Stay of all further proceedings of the execution application, being G.A. No. 1693 of 2000; (d) Appropriate injunction restraining the plaintiffs herein from in any way giving effect to and/or enforcing the said purported compromise decree dated 27/08/1997, passed in C.S. No. 300 of 1997; (e) Ad interim orders in terms of prayers (c) and (d) hereinabove; (f) If necessary a Special Officer be appointed to go into accounts of the said business carried on under the name and style of 'B' Sarkar and Sons' at 124 and 124/1, Bepin Behari Ganguly Street, Calcutta-12' (g) Costs; (h) Such further or other order or orders be passed as to Your Lordships may seem fit and proper."
(2.) On the basis of the pleadings made therein it is said that the decree has since been satisfied. Virtually, the satisfaction is based on the pleadings contained in paragraphs 24 and 25. It is alleged that a sum of Rs. 1,90,000.00 has since been paid to the plaintiff by the petitioner and that in consideration the decree having stood satisfied, the plaintiff had signed a letter for issue of trade licence in favour of the petitioner alone specifying that the plaintiff has no claim in the business. Mr. Lahiri, learned counsel for the plaintiff/decree-holder contends that his client disputes the genuineness of the said document and that he had initiated a criminal proceedings against the petitioner in view of the alleged letter which is alleged to be forged by the petitioner judgment-debtor.
(3.) This matter was fixed today upon being mentioned in the presence of the learned counsel for the petitioner. No one appears on behalf of the petitioner.;