J.K.Biswas, J. - (1.) This is an application under Clause 13 of the Letters Patent, 1865 read with section 24 of the Code of Civil Procedure, 1908. It has been filed for the following final reliefs: - "(a) A Rule do issue calling upon the respondent to show cause why Money Suit No. 585 of 2001 (RB) (Sri Chandi Prasad Sikaria v. Madhulika Nahata) pending before the 7th Judge City Civil Court, Calcutta and Money Suit No. 69 of 2002 (RB) (Chandi Prasad Sikaria v. Premlata Nahata) pending before the Registration Bench in the City Civil Court in Calcutta, should not be transferred to this Hon'ble Court. (b) The Rule be made absolute upon the failure of the respondent to show cause or any insufficient cause. (c) The said Money Suit No. 585 of 2001 (RB) pending before 7th Judge City Civil Court, Calcutta and Money Suit No. 69 of 2002 (RB) pending before the Registration Bench in City Civil Court, both the transferred and/or withdrawn to this Hon'ble Court."
(2.) Briefly stated, the pre-litigation facts of the case are these. Smt. Premlata Nahata, wife of Mahendra Kumar Nahata of 75, Raja Basanta Roy Road, Kolkata-700 029 claimed to have lent and advanced to M/s. C.P. Sikaria & Company of 14, Netaji Subhas Road, 1st Floor, Kolkata-700 001 a sum of Rs. 5,00,000/- as temporary commercial accommodation; the amount was paid by a cheque dated April 7th, 2000. Similarly, Madhulika Nahata, daughter of Premlata, of 75, Raja Basanta Roy Road, Kolkata-700 029 also claimed to have lent and advanced to the said M/s. C.P. Sikaria & Company a sum of Rs. 5,00,000/- as temporary commercial accommodation; and she paid this amount by a cheque dated April 26th, 2000. M/s. C.P. Sikaria & Company is registered member of the Calcutta Stock Exchange Association Limited. It is also registered with the Securities & Exchange Board of India. It is a proprietorship firm, and Sri Chandi Prasad Sikaria is its sole proprietor. He carries on transactions in shares and securities on behalf of his clients as a registered share broker. By two separate notices both dated June 4th, 2001 Premlata and Madhulika demanded repayment of the amounts stated to be lent and advanced by them to M/s. C.P. Sakaria & Company, and they demanded such repayment with interest. Such demanded notices were replied to by M/s. C.P. Sikaria & Co., the replies were given by two almost identical but separate letters both dated July 2nd, 2001. In reply M/s. C.P. Sikaria & Co., while described the claims made by Premlata and Madhulika as false claims, stated that having worked as their authorised share broker in the matter of sale and purchase of shares on their behalf, it had become entitled to get Rs. 17,033.13p and Rs. 1,19,933.38p from them respectively, and to avoid such payments Premlata and Madhulika made false claims in their notices dated June 4th, 2001. The parties went on exchanging letters and notices with no end to the dispute.
(3.) In the facts and circumstances narrated before, on November 29th, 2001 Chandi Prasad filed Money Suit No. 585 of 2001 against Madhulika it was filed in the City Civil Court at Calcutta. In this suit Chandi Prasad prayed for the following reliefs:- "(a) Recovery of Rs. 1,37,323.71 with interest @ 18% p.a. till realisation. (b) Interest @ 18% p.a. from the date of the suit till passing of the decree and the decree to carry interest at the aforesaid rate of 18% p.a. till realisation. (c) Costs of the suit including advocate's fees and/or (d) Such other relief or reliefs as the plaintiff is entitled to in law and equity.";