R. C. LAHOTI, G. P. MATHUR, P. K. BALASUBRAMANYAN
Sachhidananda Banerjee (Dead) Thr. Lrs. – Appellant
Versus
Tilakram Ghosh (Dead) Thr. Lrs. – Respondent
Order
P.K. Balasubramanyan, J.—This is an application for a modification of the Judgment of this Court dated 12.11.1992 and for certain consequential reliefs. By that order, this Court clarified an earlier order dated 10.10.1988. The dispute related to a partnership running a theater. Disputes having arisen, a notice of dissolution was given. It was followed by an arbitration. An award was passed on 24.09.1953 which was made the rule of court. That was challenged in appeal in the High Court of Kolkata. The appeal was allowed and the award was set aside. A petition for special leave to appeal was dismissed by this Court on 23.07.1979. Taking advantage of the award, the group of shareholders referred to as Banerjee Group took possession of the theater. But in view of the setting aside of the award, not interfered with by this Court, the partnership stood revived.
2. It appears that the Banerjee group had entered into an agreement for sale with one Banishree Pictures. Banishree Pictures filed a suit for specific performance of the agreement for sale. There was a consent decree on 22.9.1977 in that suit. The group which came to be known as Sadhukhan group was acknowledged to have purchas
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