- (1.) The appellant, Prakash Ply Centre (Private) Limited, has preferred the present appeal being aggrieved and dissatisfied with the judgement and order dated September 14, 2011 passed by Hon'ble Single Judge in G.A. No.2722 of 2011 arising out of ACR No 4 of 2005. The Hon'ble Single Judge by the order impugned granted an adinterim order of injunction restraining the purchaser from creating any third party interest in the property-in-dispute during the pendency of the application. However, the question of maintainability of the application was kept open. The parties were directed to exchange their affidavits.
(2.) The premises No.10 Bow Street, Kolkata, exclusively and absolutely belonged to the trust of Zoroastrian Communities' religious and charitable fund. The Kolkata Municipal Corporation directed the demolition of premises No.10 Bow Street Kolkata. In view of the said direction one petition being ACR No.4 of 2005 was filed before this Court for sale of the said premises under Section 7 of the Charitable and Religious Trust Act, 1920. This Court directed newspaper publications in a Bengali newspaper and an English daily newspaper seeking objection, if any, from the Parsee community regarding sale of the property. As per order of this Court a valuer was appointed to value the said property. As there was no objection from the Parsee Community regarding sale of the property, another advertisement was directed inviting offers to purchase the said property.
(3.) Prakash Ply Centre (Private) Limited placed an offer. The sale was confirmed in favour of Prakash Ply Centre (Private) Limited in a court auction. In pursuant to the order of this Court, the trustee conveyed the property to Prakash Ply Centre (Private) Limited for a consideration of Rs.1,60,52,400/- (Rupees one crore sixty lakh fifty two thousand four hundred) only, which was accepted by this Court as fair reasonable.;