RITONA CONSULTANCY PVT LIMITED Vs. LOHIA JUTE PREES

JUDGEMENT

(1.) Two suits were filed in the High Court of Calcutta. Suit No. 228/96 was filed by Lohia Jute Press against (1) Ritona Consultancy Pvt. Ltd. (2) Smrity Securities Pvt. Ltd. (3) River Blue Commodities Pvt. Ltd. and 18 others, alleging that having obtained a contract with the Government of Assam on 17.7.1995, entered into agreements with defendant Nos. 1, 2 and 3 on 31.8.1995 for preparation and supply of 49,26,465 photo identity cards - defendant No. 1 to cover the area in the district of Barpota and Kamrup; defendant No. 2 for Nalbari, Darang and Marigaon and defendant No. 3 for Dhuburi, Kokarajhar, Bangiagaon and Goalpara (in all nine districts). Defendant No. 4, who-was a Director in the defendant companies guaranteed due performance of the obligation by defendant Nos. 1, 2 and 3. Defendant Nos, 1, 2 and 3 were liable to furnish bank guarantee i. e. performance guarantee of Rs. 10 lakhs each and on failure to do so, pledge share scrips with duly signed transfer deeds by way of security. On various facts and grounds averred in the plaint, the plaintiff sought for relief against defendant Nos. 1, 2 and 3 for (a) delivery of photo identity cards/ video cassettes or cartridges containing photos of electors/generator sets or payment of Rs. 80. 000. 00 in lieu thereof; (b) decree of Rs. 1 crore against defendant Nos. 1 and 4; decree of Rs. 1 crore against defendant Nos. 2 and 4; decree of Rs. 1 crore against defendant Nos. 3 and 4, alternatively inquiry for damages; (c) declaration that shares stand pledged to plaintiff and for sale thereof for adjustment of the proceeds against dues to the plaintiff from the defendants.

(2.) Suit No. 209-A/96 was filed by (1) Ritona Consultancy Pvt. Ltd. (2) Smrity Securities Pvt. Ltd. (3) River Blue Commodities Pvt. Ltd. against Lohia Jute Press and its partners and shareholders (defendant Nos. 5 to 22) whose shares have been pledged and defendant Nos. 23 to 190 to whom shares are transferred for (a) return of the shares or debentures from defendants other than defendant Nos. 5 to 22 or inquiry into their value and decree for such sum as may be fixed; (b) decree for money in favour of plaintiffs or for inquiry into damages and decree thereof; (c) decree for injunction restraining defendant Nos. 1 to 4 from lodging any of the shares or debentures with defendant Nos. 23 to 190 not to further alienate or alter ownership, and if altered, to restore ownership to defendant Nos. 5 to 22; and (d) declaration that plaintiffs are owners of video cassettes, cartridges and photographs and injunction from claiming ownership.

(3.) These two suits arose out of contract awarded to M/s. Lohia Jute Press for preparation and supply of 49,26,465 photo identity cards to be completed by 3.9.1995 subject to several conditions with which we are at present not concerned. M/s. Lohia Jute Press entered into contracts with the three defendants in Suit No. 228/96 to which the State of Assam is not a party. In those suits applications were filed for interim reliefs and the High Court of Calcutta, on its original side, made an order on 26.8.96 appointing court receiver in respect of video cassettes and directions were given to him to take steps for preparation of the voter identity cards and deliver the same on preparation thereof. In furtherance of this order, another order was made on 28.4.1997 framing a scheme for preparation of the identity cards by the court receiver. Appeals were preferred before the Division Bench of the High Court against the order of the learned Single Judge dated 28.4.1997 framing the scheme. The Division Bench directed the joint receivers to complete the work of preparation of photo identity cards within a time frame by taking necessary assistance of outside agency for preparation of the same by an order made on 5.5.1998. This order is challenged in SLP (C) Nos. 10072-10073/98. Certain other orders made by the Division Bench which do not effectively dispose of the matters before it are also challenged in different special leave petitions. This Court has passed several orders to complete the work of preparation of photo identity cards within a particular time frame by taking help of the Chief Electoral Officer, though he was not a party to the proceedings and as many as 12 different orders have been passed on various dates from 28.8.99 to 18.8.2000. Still as per the status report filed in the court, the work is not complete.