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2022 Supreme(Cal) 1121

I. P. MUKERJI, MD. NIZAMUDDIN
Ambalal Sarabhai Enterprises Limited – Appellant
Versus
Rajeev Daga – Respondent


Advocates appeared:
Utpal Bose, Advocate, Debdoot Mukherjee, Advocate, Dhilon Sengupta, Advocate, Meghajit Mukherjee, Advocate, Jishnu, Advocate, S. Mukherjee, Advocate, Surabhi Banerjee, Advocate, T. Nandi, Advocate

JUDGMENT

I. P. Mukerji, J. - During the pendency of the suit, at the instance of the respondents/plaintiffs an order was passed by the learned interlocutory judge appointing a Special Officer to take physical possession of the demised premises. It appears that on 21st October, 1993, the Special Officer proceeded to take possession at 4 p.m. He was able to take it by 6 p.m. on that day as recorded in the minutes of the meeting held by him. The appellant's representative was not to be found in the property. It was locked. a watchman opened the door. Thereafter possession was taken. Mr. Saha, learned senior advocate appearing for the respondents submitted that the appellant continued to keep their articles in the premises and took no step whatsoever to get the Special Officer discharged. From 21st October, 1993 till 24th april, 2014 physical possession was retained by him. On 25th april, 2014 the respondents obtained its possession, from the special officer after the special leave petition against the division bench judgement of our court dated 5th December, 2013, affirming the decree of the trial court dated 15th July, 2013 directing eviction of the appellant was finally dismissed by

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