Mir Dara Sheko, J. - (1.) Like other occasions, none appears also on this day. However, considering the nature of the proceeding and the materials on record being noticed as sufficient the matter is taken up for consideration and disposal on merit.
(2.) The application under Article 227 of the Constitution of India has been directed assailing order dated February 18, 2016 passed by the learned Civil Judge, Senior Division, 9th Court at Alipore, South 24-Parganas in Title Suit No. 92 of 2014 (Sri Abhijit Kumar Baksi Vs. Smt. Kakoli Roychowdhury) by which the application filed by the petitioner/plaintiff for handing over the entire control of the business to the hand of the learned Advocate Receiver was rejected on contest.
(3.) From the materials on record as well as impugned order it reveals that in the pending suit for declaration, on prayer of the petitioner, learned Trial Court appointed one learned Advocate as Receiver, who was hand-over with all papers to take over the control and management for maintaining the books of accounts of the business running in the name and style of 'Cosmetic Centre' at the given address. Subsequently, the said learned Advocate Receiver complained of the attitude of noncooperation of the defendant/opposite party, who was running the business physically. With that complain of non-cooperation, the petitioner filed an application before the learned Trial Court seeking appropriate order so that the opposite party/defendant would hand over the business and the property in question physically in favour of the learned Advocate Receiver.;