Ambalal
Sarabhai Enterprises Ltd. & Ors Vs. Prakash Chandra Arya [1996] INSC 1634 (18 December 1996)
K. Ramaswamy,
G.B. Pattanaik
ACT:
HEAD NOTE:
O R D
E R
Leave
granted
This
appeal by special leave arises from the order of the Division Bench of the Calcutta
High Court, made on November
29,1996 in G.A.
No.3616/96. We decline to go to into the merits of the matter. Suffice it to
interfere with the order of the learned single judge appointing a Receiver.
When
the matter was mentioned in the Chief Court for early hearing, this Court passed an order on December 4, 1996 thus| "Permission to make the
Receiver a party respondent granted. Notice will go to the Receiver. Dasti
service permitted. There will be an-interim order directing the Receiver not to
part with the possession of the premises to anyone till further orders. List
the matter on 18.12.1996." Parties have filed their respective affidavits
and counter-affidavits. In the affidavit filed on behalf of the appellants,
they pointed out certain changes in the circumstances on the basis of which Shri
Dipankar Gupta, learned senior counsel, sought to content that there is a Memo
of understanding before the BIFR in which one O.P. Mall and Associates
undertook to revive the sick industry of the defendant-tenant. If the said
agency is permitted to revive the sick industry to work under the direction and
control of the Receiver, it may not cause any impediment to the interest of the
respondent-landlord. The said stand was disputed by the learned counsel appearing
for the respondent. In that view of the matter, we think that it may not be
desirable at this stage to go into the question. It would be open to the
parties to place the entire material before the Division Bench which would go
into the matter on merits and decide according to law.
In
view of the fact that the industry requires to be revived, we think that it
would be expedient that the appeal pending before the Division Bench is
disposed of expeditiously. Accordingly, we request the learned Chief Justice to
direct G.A. No. 3616/96 and the connected Appeal APOT No.626/96 to be posted
before appropriate Division Bench for final disposal preferably on any date
between 6th January,
1997 and 9th January, 1997.
The
appeal is accordingly disposed of. No costs.
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