SANDEEP KR JHUNJHUNWALA Vs. PASUPATI TOUR N LINKS

JUDGEMENT

(1.) THE petitioner is the plaintiff (hereafter the plaintiff) in Title Suit No. 2772 of 2007, pending on the file of the learned Judge, Bench VII, City Civil Court at Calcutta, wherein the opposite parties are the defendants (hereafter the defendants). It is a suit for declaration, mandatory injunction, permanent injunction as well as for damages. After the suit was filed, the plaintiff filed two applications, one under Order 39 Rules 1 and 2 of the Civil Procedure Code (hereafter the Code) read with Section 151 thereof, inter alia, seeking to restrain the defendants and their men and agents from bringing any vehicle within the compound of the suit premises or from parking any vehicle therein. THE petitioner had also filed an application under Order 40 Rule 1 of the Code read with Section 151 thereof praying for appointment of a Receiver.

(2.) BY order no.15 dated 24th June, 2008, the learned Judge passed, on contest, an order of injunction on contest. The defendants were restrained from bringing any vehicle within the suit premises or from parking any vehicle therein till the disposal of the suit. However, the application for appointment of Receiver stood rejected.

(3.) ACCORDINGLY, it was prayed that an order be passed directing the Officer-in-Charge, Hare Street Police Station, and the Deputy Commissioner of Police (Central), Kolkata Police to personally appear before the Court and explain why appropriate action should not be taken against them for not rendering police help to the plaintiff in spite of specific direction.