RAJENDRA SINGH LODHA Vs. AJOY KUMAR NEWER AND ORS.
LAWS(CAL)-2007-10-64
HIGH COURT OF CALCUTTA
Decided on October 11,2007

RAJENDRA SINGH LODHA Appellant
VERSUS
Ajoy Kumar Newer And Ors. Respondents

JUDGEMENT

Pinaki Chandra Ghose, J. - (1.) Two appeals have been filed by the Appellants challenging a common judgment and order dated 19th May, 2006 passed by the Hon'ble First Court on the applications filed by Radha Devi Mohatta (hereinafter referred to as "RDM") and Laxmi Devi Newar (hereinafter referred to as "LDN"). His Lordship was pleased to pass the following order: ...Hence I appoint joint Administrator, pendente lite, consisting of following persons (i) Mr. Hiranmoy Dutta, Bar -at -law of Bar Library Club; (ii) Promotha Nath Chatterjee, Learned Advocate of Bar Association, Room No. 1; (iii) Mr. Prabir Kumar Roy, ex -Sheriff of this Court of 10, N.S. Roy Road, Behala, Kolkata -700019; (iv) Mr. Sujit Bhattacharjee of 52 -C; Ballygunge Circular Road, Kolkata - 700019, who shall take charge and control of all the shareholding of the deceased Lady in all the companies and they should function as could be functioned by under law by virtue of the controlling shareholding of all the Companies left behind by the said Lady. They shall take step for rectification of all the share registers of the Companies recording their names. They shall immediately make an enquiry as to the dealings of Lodha vis -a -vis dividends and investment of the dividends and submit a report to the Court and they shall place themselves in the Board of Directors wherever it is possible by virtue of the shareholding. They shall, in consultation with each other, decide to dissolve the Board if necessary under law for the benefit of the Companies, wherever possible. Of course they must consult and take the views of Lodha in each and every step while taking decision. If his views and advice the of contesting Defendants shall be taken and if there is a difference in the two views the matter should be placed before the Court for obtaining direction. They shall remain in the office of the Administrator, pendente lite, for a period of two years or till the disposal of the probate proceedings whichever is earlier. Therefore, Lodha shall hand over all the charges to the aforesaid appointed Administrators, pendente lite. Interim order passed earlier will continue till possession is taken by the Administrator....
(2.) The Memorandum of cross -objections in respect of the said order were also filed by the Respondents in the instant appeals.
(3.) Being aggrieved by the said order, these appeals and cross -objections were filed by the parties.;


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