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2024 Supreme(Cal) 1224

KRISHNA RAO
Swastik Project Private Limited – Appellant
Versus
Ratnakar Commercial Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Aniruddha Mitra, Nilay Sengupta, Sayanti Nandi, Sujit Banerjee.
For the Defendants : Dhiraj Trivedi, Rajdeep Mantha, Bikash Kr. Singh.

JUDGMENT :

KRISHNA RAO, J.

1. The defendant no. 1 has filed the present application being G.A. No. 7 of 2022 praying for rejection of plain under Order VII Rule 11 of the Civil Procedure Code, 1908.

2. The plaintiff has filed the present suit in C.S. No. 109 of 2018 praying for the following reliefs:

    (a) Declaration that the defendant no. 6 of which the plaintiff is a shareholder is the absolute lawful owner of the said property being Premises No. 201, 202 and 2023, Old China Bazar Street, Kolkata-700001 morefully described in the Schedule written hereunder free from all encumbrances, charges, liens, attachments, whatsoever.

(b) Order for delivery of vacant, peaceful and khas possession of the said property being premises Nos. 201, 202 and 203 Old China Bazar Street, Kolkata-700001 morefully described in the Schedule written hereunder to the defendant no. 6.

(c) Declaration that the defendant No. 1 has no right, title or interest in the said property being the premises No. 201, 202 and 203 Old China Bazar Street, Kolkata-700001 morefully described in the schedule hereunder.

(d) Declaration that the defendants Nos.2 and 3 had also never acquired and could not have acquired any right, title

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