JUDGEMENT
I.P. Mukerjee, J. -
(1.) TWO suits were filed in this court. One was by Sreejaya Bhattacharjee Godfrey and Saunam alias Rishi Bhattacharjee against MKB (Asia) (P.) Ltd., Autri Bhattacharjee, Priyanka Bhattacharjee and Sumon Majumder. It was numbered as CS No. 25 of 2013. An interim application was taken out in aid thereof, GA No. 301 of 2013. The second suit was by the same plaintiffs. It was against Shreejaya Tea and Industries (P.) Ltd., Autri Bhattacharjee, Priyanka Bhattacharjee and Sumon Majumder. It was numbered as CS No. 26 of 2013. An interim application was taken out in aid of this suit, GA No. 300 of 2013. Both the interim applications can be disposed of by this common judgment. This is because the non -corporate parties are the same. Although, one suit concerns MKB (Asia) (P.) Ltd. and the other Shreejaya Tea and Industries (P.) Ltd., this does not make a difference because both the companies are controlled by the same family. The disputes are the same.
(2.) SREEJAYA Bhattacharjee Godfrey, Saunam alias Rishi Bhattacharjee, Autri Bhattacharjee, are siblings, Sreejaya being the sister. Priyanka Bhattacharjee is the wife of Autri Bhattacharjee, Sumon Majumder is an outsider. The father of these siblings was Mridul Bhattacharjee. Both these companies were controlled by him. Shares were held by him, the siblings along with their mother Reeta Bhattacharjee. Both these tea companies have their controlling office at Gillander House, 8, Netaji Subhash Road, Kolkata -700 001. It appears that the paid -up capital of MKB (Asia) (P.) Ltd. is Rs. 45,70,000 divided into equity shares of Rs. 100 each. They were held in the following manner:
(3.) ON 26th December, 2012 a very unfortunate thing happened. Mridul Kumar Bhattacharjee and Rita Bhattacharjee were brutally murdered at the Konapathar tea estate belonging to Shreejaya Tea and Industries (P.) Ltd. Mridul and Reeta did not make a Will. Now, it is more or less admitted that upon intestate devolution their children would hold the following shares:
The paid -up of capital of Shreejaya Tea and Industries (P.) Ltd. is Rs. 6,41,700 divided into 6,417 shares of Rs. 100 each. It was held by Mridul Bhattacharjee and his family in the following manner:
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