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2015 Supreme(Cal) 567

HARISH TANDON
Swapan Guha – Appellant
Versus
Pratima Bagchi – Respondent


Advocates Appeared:
For the Petitioners: Sabyasachi Bhattacharya, Hironmoy Bhattacharya, Kamal Mishra and Tamal Taru Panda.
For the Respondents: Biswajit Basu and A. Chakraborty.

JUDGMENT :

Harish Tandon, J.

1. This revisional application is directed against an order no. 23 dated July 24, 2014 passed by the learned Judge, Small Causes Court at Sealdah in Money Suit No. 17 of 2013 by which an application under Order 38, Rule 5 of the Code of Civil Procedure praying for attachment before judgment is rejected.

2. The plaintiff/petitioner filed the aforesaid suit in the Civil Judge (Senior Division), Sealdah for recovery of a Sum of Rs. 18,16,730/- together with the interest as per the Interest Act and permanent injunction restraining the defendant/opposite party from transferring, alienating and/or handing over the flats to any person or persons in the multistoried building described in Schedule 'B' thereto. The plaintiff says that the defendant being the proprietors of a partnership firm entered into a development agreement with one Jyoti Prakash Row Chowdhury who is admittedly the owner of the several holdings comprising an area of 9 Cottahs 5 Chittacks together with the two storied old brick building on May 27, 2005. The opposite party engaged a contractor for construction of the said project and incurred substantial amount after taking loan from the different






































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