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2014 Supreme(Cal) 463

ASHIM KUMAR BANERJEE, ARIJIT BANERJEE
Gloster Limited – Appellant
Versus
Bowreah Jute Mills Private Limited – Respondent


Advocates:
Advocate Appeared:
For the appellant : Mr. Jishnu Saha, Sr. Adv. Mr. Ravi Kapoor, Adv. Mr. S. Rudra, Adv.
For the respondent: Mr. Tilak Bose, Sr. Adv. Mr. Sanjoy Bose, Adv. Mr. Sauvik Majumdar, Adv. Ms. Tannistha Lahiri, Adv.

Judgment

Arijit Banerjee, J.

This is an appeal against the judgment and order dated 4th March, 2011 passed by the Hon’ble First Court whereby the Learned Judge was pleased to permanently stay the suit on the ground that the same is a suit for land and the land is situated outside the territorial jurisdiction of this Court. The plaintiff filed the above suit praying for, inter alia, the following reliefs:-

“(a) The purported agreement dated 12th January, 2009 between the defendant no. 1 and the defendant no. 2 with regards to North Mill a copy whereof is contained in Annexure ‘C’ hereto is wrongful and illegal and the said purported agreement be adjudged null and void and directed to be delivered up and cancelled;

(b) Mandatory injunction directing the defendant nos. 1 and 2 to forthwith restore and reconnect supply of water from the Hooghly river to the plaintiff through the pipe line and the water pump laid on the jetty servicing the North Mill;

(c) Perpetual injunction restraining the defendants either by themselves or through their servants, agents assigns or howsoever otherwise from in any way interfering with the right of the plaintiff to obtain supply of water from Hooghly ri















































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