MERIT INVESTMENT LTD. & ORS. Vs. OCTAVIUS TEA & INDUSTRIES LTD.
LAWS(CAL)-2012-2-313
HIGH COURT OF CALCUTTA
Decided on February 10,2012

Merit Investment Ltd. And Ors. Appellant
VERSUS
OCTAVIUS TEA AND INDUSTRIES LTD. Respondents

JUDGEMENT

PATHERYA,J. - (1.) By this application the petitioners seek appointment of a Receiver so also encashment of the cheques deposited by the petitioners.
(2.) The case of the petitioners is that in 2007 C.S.149 of 2007 was filed for framing a scheme for maintenance of the said building. As for certain periods lease rent and maintenance charge were accepted from the petitioners and thereafter no sums received by the respondent, hence this application was filed and reliefs sought.
(3.) The respondent opposing the said application submits that by virtue of the reliefs sought in this application the petitioners are seeking reliefs beyond the scope of the suit. In the suit filed orders of perpetual injunction have been sought restraining the respondent from not disturbing the peaceful possession, use, enjoyment and occupation of the petitioners' office space. Therefore, to grant the reliefs sought in this application would be to travel beyond the scope of the suit. Payment of lease rent has been discontinued by the plaintiff no.1 since 2005-2006 and thereafter by the plaintiff nos.3 to 5. No attempt was also made by the petitioners to make payment of such sums. There exists no reason therefore for filing of this application at this stage. Accordingly, this application merits no order and be dismissed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.