Prasenjit Mandal, J. - (1.) THIS application is at the instance of the defendants and is directed against the Order No.78 dated August 19, 2011, Order No.82 dated September 8, 2011 and Order No. 84 dated September 15, 2011 passed by the learned Civil Judge (Senior Division), Kalna, District - Burdwan in Title Suit No.54 of 2007.
(2.) THE short fact necessary for the purpose of disposal of this application is that the plaintiffs/opposite party no.s 1 & 2 herein instituted a suit being Title Suit No.54 of 2007 before the learned Civil Judge (Senior Division), Kalna against the defendants/petitioners herein and the proforma opposite parties claiming for a decree for dissolution of partnership, appointment of a Receiver and other reliefs. While disposing of a civil revision being C.O. No.3156 of 2010 arising out of the said suit, a Single Bench of this Hon'ble Court, inter alia, observed that a Chartered Accountant would be appointed by the Trial Court for the purpose of scrutinising and certifying the accounts from March 6, 2009 till July 2011 and that the parties would make over and provide for statement of accounts, information and accounts in their possession to the said Chartered Accountant to enable him to prepare a proper accounts for the aforesaid period and then to produce quarterly statements of accounts on and from August 2011 for scrutiny and certification by the Chartered Accountant and upon such certification, such quarterly statement should be filed before the Trial Court and such arrangement would continue until further orders that may be passed by the Trial Court in the suit till the disposal of the appeal. The Hon'ble Single Bench further directed the Trial Court to implement the aforesaid order and to appoint a Chartered Accountant to carry out the aforesaid directions as expeditiously as possible. The Trial Court was further directed to appoint such a Chartered Accountant and fix his remuneration. The account is to be furnished before the Trial Court on or before September 15, 2011.
(3.) PURSUANT to that order, the plaintiffs filed an application for appointment of a Chartered Accountant before the learned Trial Judge on August 10, 2011. The copy of the application for putting up the record was served upon the other parties on August 11, 2011. But, Mr. Jaydeb Kar, learned advocate for the defendants/petitioners herein having not come to the court on August 11, 2011, the copy could not be served upon him on that day. The record was put up accordingly on August 12, 2011 and on that day, Mr. Jaydeb Kar, learned advocate for the defendant no.s 1, 3, 4, 5(a) to 5(c) was very much present at the time of hearing, but he refused to take up steps. Accordingly, the learned Trial Judge fixed the next date on August 19, 2011 for passing appropriate orders, when the impugned order dated August 19, 2011 was passed appointing one Mr. Sudarsan Kumar Dangi of Dangi Jain & Company as Chartered Accountant and the remuneration was fixed at Rs.16,000/ -per year subject to furnishing final bill after adjustment. Thereafter, the petitioners herein filed an application for reconsideration of the order dated August 19, 2011 before the learned Trial Judge and the defendant no.5 also filed an application for stay of the order dated August 19, 2011.;