Calcutta High Court
Atanu Lahiri vs Saikat Basu And 12 Others on 29 January, 2021OD 7, 8 & 9

ORDER SHEET

IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE

IA NO.GA/1/2019 (Old No.GA/2359/2019)
In
CS/209/2019

ATANU LAHIRI
VERSUS
SAIKAT BASU AND 12 OTHERS

IA NO.GA/3/2020 (Old No.GA/137/2020)
In
CS/209/2019

ATANU LAHIRI
VERSUS
SAIKAT BASU AND 12 OTHERS

IA NO.GA/2/2020 (Old No.GA/134/2020)
In
CS/209/2019

ATANU LAHIRI
VERSUS
SAIKAT BASU AND 12 OTHERS

BEFORE:
The Hon’ble JUSTICE DEBANGSU BASAK
Date: 29th January, 2021.

(Via Video Conference)

Appearance:
Mr. Sarvapriya Mukherjee, Adv.
Mr. R. Lakhmani, Adv.
Mr. Saptarshi Mukherjee, Adv.

Mr. Chinmoy Pal, Adv.
Mr. Kamal Krishna Guha, Adv.

The Court: Three applications are taken up for analogous consideration as

they are in the same suit. In one of the interim application in a suit an order
2

dated December 3, 2019 was passed by which Special Officers were appointed for

the purpose of holding election of the society and for operation of the bank

account of the society.

Learned advocate appearing for the plaintiff submits that by an order dated

February 18, 2020, the Appeal Court, appointed a Special Officer to conduct

election. Such Special Officer conducted the election. A new committee took

charge in terms of the election so held. He submits that the Special Officer,

therefore, needs to be discharged. The direction contained in the order dated

December 3, 2019 requiring the Special Officer to operate the bank account

should be vacated and the new committee be permitted to operate the bank

account in the usual course.

The defendant nos.3, 6, 7 and 9 are represented. Learned advocate

appearing for such defendants submits that such defendants are aggrieved by

the report of the Special Officer.

Learned advocate appearing for the plaintiff submits that the plaintiff

requires further interim order in IA No.GA/1/2019.

In such circumstances, it would be appropriate to permit the parties to file

affidavits in IA No. GA/1/2019.

Let affidavit-in-opposition be filed within three weeks from date; reply, if

any, within a week thereafter. List the application being IA GA No./1/2019 as

‘Adjourned Motion’ four weeks hence.

So far as IA No.GA/2/2020 and IA No.GA/3/2020 are concerned, the

parties agree that those can be disposed of.

In such circumstances, it would be appropriate to discharge the Special

Officer as the Special Officer completed the task of holding the election. The
3

requirement of the Special Officer operating the bank account in terms of order

dated December 3, 2019 is recalled. New committee is at liberty to operate the

bank account, in accordance with law.

The aforesaid directions, so far as the discharge of the Special Officer and

operation of the bank account are concerned, are without prejudice to the rights

and contentions of the contesting defendants.

IA No.GA/2/2020 and IA No.GA/3/2020 are disposed of accordingly.

(DEBANGSU BASAK, J.)

B.Pal

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