BIJAY KUMAR AGARWAL Vs. RATAN LAL BAGARIA

JUDGEMENT

(1.) This application is made by one company naming thereby M/s. Murphy Food Specialities Private Limited having registered office at 203, M. G. Road, Calcutta-700007 (earlier No. 227, A.J.C. Bose Road, Calcutta-700020), under Section 41 of the Arbitration Act, 1940, praying inter alia, leave to the petitioner company to intervene in the present proceedings and to add party respondent therein along with prayer for recalling and/or setting aside the order dated 26th March, 1998, in G.A. No. 3109 of 1997 and inter alia various other reliefs in the nature of giving certain directions to the Receiver/Special Officer and injunction in connection therewith.Although various reliefs were sought for in the application but from the advancement of the argument it appears that the application is basically made for recalling and setting aside of the order passed by this Court on 26th March, 1998 in G.A. No. 3109 of 1997 at the instance of all contesting parties.

(2.) One of such contesting parties was Sri Bijay Kumar Agarwal, happened or happens to be the Director of this applicant company.

(3.) This Court had come to the ultimate finding on 26th March, 1998 upon hearing the parties on numerous occasions and after passing several interim orders which are all available in the record. Even the order dated 26th March, 1998 was also modified thereafter as on 23rd April, 1998 at the instance of said Sri Bijoy Kumar Agarwal but no prayer is made herein to recall or set aside such modified order.