DANKHA DEVI AGARWAL Vs. BHAGIRATH AGARWAL
LAWS(CAL)-2007-12-72
HIGH COURT OF CALCUTTA
Decided on December 10,2007

DANKHA DEVI AGARWAL Appellant
VERSUS
BHAGIRATH AGARWAL Respondents

JUDGEMENT

P.K. Banerjee, J. - (1.) This relates to an application filed by the legal heirs of the original plaintiff Smt. Dankha Devi Agarwal for condonation of delay and for substitution.
(2.) The said Dankha Devi Agarwal, since deceased filed the suit in the year 1989 with prayer for reliefs which are mentioned as follows: a) The power of attorney dated 10th March 1978 be adjudged void and/or voidable and be directed to be delivered up and cancelled; b) Alternatively, a declaration that the power of attorney dated 10th March 1978 stands revoked and/or cancelled and that the defendant is no longer entitled to act for and on behalf of the plaintiff and/or its firm ''Camac Development Corporation ''; c) Declaration that the defendant has no right, title or interest in respect of premises No. 13, Camac Street, Calcutta and/or any portion thereof; d) The defendant be directed to render full and true accounts in respect of the business and/or dealings of the said firm ''Camac Development Corporation '' including realizations made from the sale of flats at the said building ''Raj Kamal '' at 13, Camac Street, Calcutta as well as rents, issues and profits collected therefrom by the defendant in terms of the said power of attorney dated 10th March 1978; e) Decree be passed for such sum as may be found due and payable by the defendant to the plaintiff upon rendering of full and true accounts by the defendant to the plaintiff; f) Perpetual injunction restraining the defendant from acting any further for and on behalf of the plaintiff and/or the said firm ''Camac Development Corporation '' either on the basis of the said Power of Attorney dated 10th March 1978 or otherwise; g) Perpetual injunction restraining the defendant from operating Bank Accounts of the plaintiff and/or the said firm ''Camac Development Corporation '' in terms of the said power of attorney dated 10th March, 1978 or otherwise; h) Receiver; i) Injunction; j) Costs; k) Such further and other reliefs.
(3.) On the basis of an application filed by the original plaintiff, there was order of injunction as per prayer made in that application.;


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