- (1.) Two applications made by the plaintiff were heard together by me. The first application (G.A. 846 of 2014) contained the following prayers: "a) A fit and proper person be appointed as Receiver/Special Officer and the Receiver/Special Officer so appointed be directed to do the following:- (i) Make an inventory of the suit premises situated at Mouza Uttar Khazirhat, P.S. Bishnupur, District: 24- Parganas (south) more fully described in Annexure 'A' to the plaint filed in the present suit: (ii) Submit a report before this Hon'ble Court: (iii) Take physical possession of the suit premises situated at mouza Uttar Khazirhat, P.S. Bishnupur, District: 24-Parganas (South) and keep the same in his possession until disposal of the suit. b) Injunction restraining the respondent from dealing with and/or disposing of and/or encumbering and/or alienating and/or creating any third party rights or interests in respect of the said premises more fully described in Annexure 'A' to the plaint filed in the present suit or from changing the nature or character of the said premises in any manner whatsoever; c) Ad interim orders in terms of prayers above: d) Such further and/or other order or orders be passed, direction or directions be given as Your Kordships may deem fit and proper."
(2.) The second application (GA 847 of 2014) also made by the plaintiff was for the following reliefs: "(a) A fit and proper Hand Writing Expert be appointed and be directed to examine the original of the document being Annexure 'B' to the plaint to ascertain whether the same has been signed by the respondent's director. Aditya Kumar and contains his handwriting and file a report in respect thereof before the Hon'ble Court; (b) In the event, the report of the Hand Writing Expert records that the agreement being Axxexure 'B' to the plaint has been signed by Aditya Kumar and contained his handwriting:- (i) Enquiry be made into offences referred to in Section 195(1)(b) of Cr.P.C. in relation to the present proceedings by the accused persons mention in paragraph 10 hereof for giving false evidence; (ii) Upon holding enquiry in terms of prayer(i) above, record a finding that the accused persons mentioned in paragraph 10 hereof have given false evidence and has committed offences under section 195(1)(b) of the Cr.P.C. (iii) Make a complaint against the accused persons mentioned in paragraph 10 above in writing; (iv) Send the complaint recorded by this Hon'ble Court in terms of prayer (b) above to the Metropolitan Magistrate, Court, Kolkata; (v) The accused persons mentioned in paragraph 10 above be directed to furnish security of a sum of Rs. 20 crores or other security found to be sufficient by the Hon'ble Court for their appearance before the Court Metropolitan Magistrate Court, Kolkata; (vi) Upon failure of the accused persons to furnish security in terms of prayer (v) above, the accused persons mentioned in paragraph 10 hereof be committed to prison; (vii) Alternatively, to prayer; (viii) Above, the accused persons mentioned in paragraph 10 hereof be committed to custody and be produced before the Learned Metropolitan Magistrate, Kolkata; (c) Ad interim orders in terms of prayers above; (d) Such further and/or other order or orders be passed, direction or directions be given as Your Lordships may deem, fit and proper."
(3.) I will deal with the application G.A. 846 of 2014 first.;