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2023 Supreme(Cal) 602

KRISHNA RAO
Swadha Builders Pvt. Ltd. – Appellant
Versus
Nabarun Bhattacharjee – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhrajit Mitra, Sr. Adv., Mr. Suddhastava Banerjee, Mr. Pranit Bag, Ms. Rituparna Chatterjee, Mr. Rafat Reyaz.
For the Respondents: Mr. Rupak Ghosh, Mr. Abhijit Sarkar, Mr. Abhikchitta Kundu, Mr. Jishnu Chowdhury, Mr. Ranojit Chowdhury, Mr. Sudipto Chowdhury, Mr. Abhidipto Tarafder.

JUDGMENT :

Krishna Rao, J.

1. The petitioners/plaintiffs have filed the instant application being GA 7 of 2022 praying for following reliefs :

    “(a) An order be passed restraining the respondents forthwith from giving any effect to or giving any further effect to and/or to act in furtherance of and in pursuance of the purported equitable mortgage of the said property alleged to have created in favour of the respondent – No.3.

(b) An order be passed appointing a fit and proper person as the Receiver/Special Officer to do the following:

i. To take custody of the deeds/documents in respect of the said property in relation to the creation of the purported mortgage.

ii. To take custody of all documents in relation to the purported creation of mortgage in respect of the said property.

iii. To deposit such documents in a sealed cover before this Hon’ble Court, pending disposal of the instant suit.

(c) An order be passed restraining the respondents forthwith from seeking to enforce such purported equitable mortgage by taking any coercive steps against the petitioner;

(d) An order be passed restraining the respondents from giving any effect and/or further effect to and/or from taking any steps in ter

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