SANTANU CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred praying for quashing of the proceeding in Case No. C/856 of 2011 under Ss. 418/419/467/468/471/34 of the Indian Penal Code and for setting aside of all orders passed in the said case now pending before the Court of Ld. Metropolitan Magistrate, 14th Court at Calcutta.

(2.) The petitioners' case is that the petitioner no. 1 and 2 are brothers of the opposite party no. 2 and they are all sons of Late Santi Kumar Chatterjee. Petitioner no. 3 is the wife of petitioner no. 1 and petitioner no. 4 is the son of petitioner no. 1. Petitioner no. 5 is the wife of petitioner no. 2.

(3.) In the year 2005, the opposite party no. 2 namely Atanu Chatterjee being the plaintiff filed a suit being Title Suit No. 813 of 2005 before the Court of Ld. Judge, 3rd Bench, City Civil Court at Calcutta against (1) S.K. Chatterjee Estate Pvt. Ltd., a company registered under Companies Act, 1956 having its registered office at 20/1, Maharshi Debendra Road, P.S.- Barrabazar (now P.S.-Posta), Kolkata- 700007, (2) Santi Kumar Chatterjee, Managing Director of S.K. Chatterjee Estate Pvt. Ltd. residing at 18/2, Muktaram Dey Lane, Howrah and (3) Smt. Gita Chatterjee wife of Santi Kumar Chatterjee, Director of S.K. Chatterjee Estate Pvt. Ltd. residing at 18/2, Muktaram Dey Lane, Howrah being the father and mother of the parties herein as defendants. Santanu Chatterjee son of Santi Kumar Chatterjee and Partha Chatterjee son of Santi Kumar Chatterjee were made proforma defendants in the said suit. In connection with the said suit opposite party no. 2 herein being the plaintiff filed an application under Order 39 Rule 1 and 2 read with Sec. 151 of CPC against the defendants of the said suit with a prayer for injunction restraining the defendants/opposite parties and their men and agents from assigning, transferring, letting out any portion of the property of the company.