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2023 Supreme(Cal) 1038

IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO, J.
KAHM Industries Private Limited & Ors. – Plaintiffs
Versus
Punalur Paper Mills Limited – Defendant
IA No. GA 1 of 2021 In CS 149 of 2021 AND IA No. GA 3 of 2022
Decided On : 05-07-2023

Advocates Appeared:
For the Plaintiffs : Mr. Jishnu Saha, Mr. Sakya Sen, Mr. Sukrit Mukherjee, Mr. S.R. Kakrania, Mr. T. Kakrania, Mr. K. Sharma.
For the Defendant : Mr. Souradipta Banerjee, Mr. Asif Sohail Tarafdar, Mrs. Fatima Hassan.

Headnote:

POWER OF ATTORNEY - REVOCATION - INJUNCTION - STAY OF PROCEEDINGS - IDENTITY OF SUBJECT MATTER - CODE OF CIVIL PROCEDURE, 1908 - SECTION 10 - Held, that the subject-matter in all the cases are identical and the matter in issue are directly and substantially in issue. In all the cases, the subject-matter is the agreement, Power of Attorney and revocation of Power of Attorney. If this Court proceed with CS No. 149 of 2021 separately, there is every chance of contradictions in judgment.

Fact of the Case:

The plaintiff, KAHM, filed a suit for declaration that the agreement dated May 15, 2010, is still valid and subsisting and binding upon the defendants, including Punalur, and that the defendants have no right to close the designated bank account. KAHM also prayed for an injunction restraining Punalur and other defendants from closing the designated account and from creating any obstruction in the operation of the account. On May 11, 2021, Punalur revoked the Power of Attorney granted earlier in favor of Kunal Dalmia and Ranoj Roy on May 15, 2010, and October 19, 2011. Punalur also filed a suit for a declaration that Punalur alone is entitled to operate its own account in the name of the plaintiff through its authorized signatory, T.K. Sundaresan. KAHM filed another suit for delivery up and cancellation of the purported deed of revocation dated May 11, 2021, of the Power of Attorney dated November 21, 2011, and for an injunction restraining the defendant from relying on the said purported deed of revocation or from making any representation on the basis thereof.

Finding of the Court:

The court found that the subject-matter in all the cases are identical and the matter in issue are directly and substantially in issue. In all the cases, the subject-matter is the agreement, Power of Attorney and revocation of Power of Attorney. If this Court proceed with CS No. 149 of 2021 separately, there is every chance of contradictions in judgment.

Issues: Whether the application filed by KAHM being G.A No. 1 of 2021 with all further proceeding is required to be stayed till the disposal of Title Suit No. 314 of 2021, Title Suit No. 613 of 2021 and Title Suit No. 430 of 2022 pending before the learned 10th Bench City Civil Court at Calcutta.

Ratio Decidendi: The court relied on the decision in Aspi Jal & Another reported in (2013) 4 SCC 333, wherein the Supreme Court held that the purpose and underlying object of Section 10 of the Code is to prevent the courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, same subject-matter and the same relief. This is to pin down the plaintiff to one litigation so as to avoid the possibility of contradictory verdicts by two courts in respect of the same relief and is aimed to protect the defendant from multiplicity of proceeding.

Final Decision: The court allowed the prayer (i) of G.A 3 of 2022 and dismissed G.A 1 of 2021 accordingly.

JUDGMENT :

(Krishna Rao, J.) :

1. The plaintiff has filed the present application being G.A No. 1 of 2021 praying for an order of injunction restraining the respondents from giving any effect or further effect of the purported deed of revocation dated May 11, 2021 of the Power of Attorney dated November 21, 2011 and further orders.

2. The defendant has filed an application being G.A 3 of 2022 praying for an order of stay of all further proceedings in respect of G.A No.1 of 2021 in CS No. 149 of 2021 till the disposal of Title Suit No. 314 of 2021, T.S 613 of 2021 and T.S 430 of 2022 pending before the Learned 10th Bench, City Civil Court, at Calcutta.

3. As applications being G.A 1 of 2021 and G.A 3 of 2022 is connected with each other and thus both the applications are taken up together for adjudication.

4. Title Suit No. 314 of 2021 is the first suit filed by M/s Lindsey Towers Private Limited (Now known as KAHM Industries Private Limited herein after referred to as KAHM) against Punalur Paper Mills Limitedand Others praying for the following reliefs:

    “a) a decree for declaration that the said agreement dated 15.05.10 is still in force in subsisting and is binding upon the parties and the defendant no. 1 including rest of the defendants shall have no right to close the said account i.e. Schedule B property in utter violation of the said agreement dated 15/5/2010;

b) a decree for declaration that the plaintiff has every right to operate or maintain the bank to operate or maintain the bank account of the schedule “B” property;

c) a decree for permanent injunction restraining the defendants and their men and agents from closing the said account i.e. schedule “B” property and also restraining them from creating any obstruction for maintain and operating the bank account of the schedule “B” property by the Plaintiff;

d) temporary injunction;

e) cost of the suit;

f) any other relief or reliefs.”

5. Subsequent to filing of Title Suit No. 314 of 2021, Punalur Paper Mills Ltd. (herein after referred to as Punalur) had filed another suit being Title Suit No. 613 of 2021 against IndusInd Bank Ltd. praying for following reliefs:

    “a) a decree for declaration that the plaintiff alone is entitled to operate its own account standing in the name of the plaintiff through its authorized signatory Sri. T.K. Sundaresan, the Chairman and Managing Director of the plaintiff company in respect of the said account i.e. Bank Account being No. 0015-608737-060 (previous Account No. 200001818875 with Ms. Indus Ind Bank, 3A, Upper Wood Street Branch, Police Station-Hare Street. Kolkata-700017 which is more fully and particularly described in the Schedule below in accordance with the resolutions of the plaintiff company;

b) a decree for declaration that the defendant bank has no authority to permit persons who are not associated to the plaintiff company in any manner whatsoever to operate the said Bank Account being No. 0015-608737-060 (previous Account No. 200001818875) with M/s. Indus Ind Bank, 3A, Upper Wood Street Branch, Police Station-Hare Street, Kolkata-700017 which is more fully and particularly described in the Schedule below.

c) a decree for permanent injunction restraining the defendant from permitting any person other than the plaintiff represented by its authorized signatory Sri. T.K. Sundaresan, the Chairman and Managing Director of the plaintiff company in accordance with the resolution of the Board of Directors of the plaintiff company dated 25th February, 2021 and the subsequent resolutions of the plaintiff company, if any, to encash and/or transfer any amounts from the said Bank Account being No. 0015-608737-060 (previous Account No. 200001818875) with M/s. Indus Ind Bank, 3A, Upper Wood Street Branch, Police Station – Hare Street, Kolkata – 700017 which is more fully and particularly described in the Schedule below;

d) Costs and Advocate’s fees;

e) Such other relief or reliefs as the plaintiff is entitled to for the ends of justice.”

6. A

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