KALYAN JYOTI SENGUPTA,J. - (1.) Both the aforesaid two applications have been taken out in connection with the above-named two separate appeals against common judgment and order dated 10th January, 2012, passed by the learned Trial Judge in connection with Civil Suit No.56 of 2011 has been impugned. This suit has been filed by Bengal Waterproof Limited with some others, who are first and other respondents in these two appeals. At the outset we make it clear that while entertaining the appeal in the name of Bihar Rubber Company Limited and others we are not deciding who are persons competent to represent Bihar Rubber Company Limited (hereinafter in short as BRL) as it is contended by Mr. P.C. Sen, learned Senior Counsel that his clients being some of the Directors and/or shareholders are really controlling the respondent No.1 company whereas Mr. Sudipta Sarkar, learned Senior Counsel leading Mr. Ranjan Deb and Mr. Pramit Roy is claiming his clients are lawfully representing BRL. It appears from the impugned judgment and order that both Mr. P.C. Sen and Mr. Ranjan Deb was allowed to make submission before the learned Trial Judge.
(2.) By the impugned judgment and order the learned Trial Judge while entertaining an application for further interlocutory relief as ad interim measure appointed Special Officer for limited purpose. By this order it has been directed by His Lordship that all the sale proceeds received or receivable by BRL shall be deposited in the account of the company opened with the State Bank of India. The BRL has been directed to maintain statement of accounts of the funds received in that account by virtue of sale of the company's products and the application or utilization of such funds. Such account should be prepared on quarterly basis and furnished to the Advocate-on-record to the appearing parties. The application is still pending for final decision on affidavits being received. The said application is due to appear on 6th of February in the list for final hearing.
(3.) Mr. Jayanta Kumar Mitra with Mr. Shyam Sarkar learned Senior Advocates appearing for the appellant Greatwall Vanijya Company (hereinafter referred 'GVC' in short) in the second mentioned appeal submits that by the impugned judgment and order the learned Trial Judge while appointing Special Officer and further giving direction as aforesaid has unduly interfered with the running and administration of BRL.;