Soumen Sen, J. - (1.) THIS is an application at the instance of two persons claiming to be the owners of the property for setting aside of sale in favour of one Movement Traders Pvt. Ltd. confirmed pursuant to the order passed by this Court on 10th May, 2010.
(2.) THE dispute relates to a very valuable property situated at Mouza Hirapur, Tola Jharudih, Mouza No. 7, P.S. - Dhanbad, Dist -Dhanbad, admeasuring about 21 Cottahs, comprised in plot Nos. 660 and 661 along with the two storied dwelling house. The sale was conducted by the Joint Administrators appointed by this Court on 12th June, 2010.
(3.) THE suit was instituted by the depositors of M/s. Chatterjee Polk Pvt. Ltd. for realization of the amount invested by the depositors in the said company. The company received substantial amount as deposits from the public and out of its fund, its managing director Dr. Benoy Kumar Chatterjee acquired several assets and immovable properties and/or saleable interest thereon in different parts of the country in the name of the said company and/or in his own name and/or in the name of his family members, relatives, nominees etc. The Company defaulted in returning the money to its depositors in accordance with the terms and conditions agreed upon. In view of such failure in the year 1982 on behalf of the depositors of the said company, an administrative suit was instituted under Order 1 Rule 8 of the Code of Civil Procedure where Ashim Guha Thakurata and Ors. are the plaintiffs and Benoy Kumar Chatterjee and Ors. are the defendants. On 23rd December, 1982, an order of injunction was passed restraining the defendants from dealing with and/or disposing of and/or encumbering the properties mentioned in Annexure -D to the petition for interim injunction.;