- (1.) This application (T. No. 597 of 2003) is for recalling any order dated November 11th, 2003 passed in T. No. 595 of 2003. The order dated November 11th, 2003 is an interim order passed at the instance of the petitioner in E. O. S. No. 11 of 2003. The interim order is in terms of prayers (a) & (c) of the Masters Summons (T. No. 595 of 2003). The said prayers (a) & (c) are as follows . "(a) Injunction restraining the respondent company, i.e., Hindustan Copper Limited from selling, transferring, alienating and/or encumbering, in any manner whatsoever, the premises being "Tamra Bhavan/ Copper House" situated at 1, Ashutosh Chowdhury Avenue, P. S. Karya, Calcutta- 700 019 till the disposal of Extraordinary Suit No. 11 of 2003. (c) An order of attachment be passed attaching the said Tamra Bhavan for a sum of U. S. $564,314.45."
(2.) The order dated November 11th, 2003 was passed after hearing the parties, and the respondent in E. O. S. No. 11 of 2003 which has taken out the present application was given opportunity to file opposition to the application (T. No. 595 of 2003). The application (T. No. 595 of 2003) was directed to come up for final disposal after three weeks from November 11th, 2003.
(3.) After the order was passed, the respondent in E. O. S. No. 11 of 2003 has taken out the present application for recalling of the said order on the ground that the petitioner in E. O. S. No. 11 of 2003 obtained the order by exercising fraud upon the Court. The ground of fraud has been based on the facts that while praying for the order the learned counsel for the petitioner in E. O. S. No. 11 of 2003 described this application as an execution application, and described the petitioner of this application as the decree-holder, when the application was not an execution application and the petitioner of this application (E. O. S. No. 11 of 2003) was not a decree-holder.;