- (1.) This is an application by the plaintiff in aid of the above suit. The reliefs claimed are as follows: "a) The respondent be directed to show-cause as to why it should not be directed to furnish security of Rs. 6,42,44,194/-; b) On failure to show-cause and/or sufficient cause, the defendant be directed to furnish security of Rs. 6,42,44,194/- and/or its assets and property mentioned in paragraph 25 be attached; c) The respondent be restrained from dealing with, disposing of, alienating, selling transferring and/or assigning the property mentioned in paragraph 25; d)The respondent be directed to deposit Rs. 15,08,825.30/- per month and/or such other sum as this Hon'ble Court deems fit and proper; e) Ad interim orders in terms of prayers aforesaid; f) Such further or other order or orders be passed and/or direction or directions be given as to this Hon'ble Court may deem fit and proper." The facts tell a tale of how the tentacles of law and its delay prevent real justice to be done between the parties. The litigation between the parties is raging from 1985, without any abatement. It concerns a large part of a four storied building, which is numbered as premises No. 41, Chowringhee Road, Kolkata-700 071. It is at the junction of Chowringhee Road and Middleton Road, one of the most expensive areas of this city. This part of the city has many commercial establishments.
(2.) The defendant occupies 13,235.31 sq. ft. of this building, comprising of 10835.31 sq. ft. on the second floor of the main building and 2400 sq. ft. on the third floor of the annexee building. A further 120 sq. ft. was permitted to be used by them for running a generator.
(3.) The tenancy of the defendant was terminated by the plaintiff by a notice dated 17th July, 1984. They were asked to deliver up vacant possession of the premises after August, 1984.;