P K BANERJEE Vs. LJSIMONDS

JUDGEMENT

(1.) The appellant was the petitioner in an application under Section 45, Specific Relief Act. He describes himself as carrying on business in Calcutta in hardware, machinery, mill stores and as a general order supplier. Respondent 1 is an Assistant Controller of Salvage at Head Quarters, Eastern Command; in his affidavit in opposition he states his office is at Tollygunge, a suburb of Calcutta, which is outside the Ordinary Original Civil Jurisdiction of this Court. Respondent 2 is the Regional Commissioner of Disposals of Army Salvage and his office is at No. 6 Esplanade East, Calcutta, within the jurisdiction.

(2.) The application relates to an alleged sale on 6-12-1945 to the appellant by one Major J. Charnock, Liaison Officer (Disposals) H.Q. 202 L. of C. area, Gauhati, Assam, of 497 tons of unserviceable ferrous scrap, including M.T. parts, lying at No. 103 Salvage Depot 404 area, Chittagong, Bengal, (outside the Court's jurisdiction) at the price of Rs. 7150, delivery of which was refused to the appellant.

(3.) The relief sought in the petition is for orders of this Court directing the respondents (a) to deliver the stores lying at 103 Salvage Depot Chittagong to the appellant, (b) to forbear from advertising for sale or from selling the stores or from putting them up for sale, and (c) from disposing of, or transferring, or dealing with, the Stores.