1. The first two applications, namely Comp.A.Nos. 248 and 337 of 2012 are filed by the learned Official Liquidator seeking identical reliefs to restrain the respondents in these applications from selling, alienating, encumbering, transferring or in any manner creating any third party rights, title or interest in the property situate at No.42-B, Chowringhee Road, Calcutta and for various other incidental reliefs. Though the reliefs sought in both applications are in respect of the same property, the persons against whom these reliefs are sought, are different. In Comp.A.No.248 of 2012, the relief is sought against one Mr.Amarnath Shroff. In Comp.A.No.337 of 2012, the relief is sought against a company by name Chowringhee Residency Private Limited. The third application namely, Comp.A.No.815 of 2013 has been filed by a creditor, who is a third party to the proceeding, seeking to implead themselves as a party respondent in Comp.A.No.337 of 2012.

2. Apart from the relief sought in respect of the property described above, the Official Liquidator is also seeking certain other reliefs, against the respondent in the second application. Since the scope of the arguments in both the applications revolve around the nature of the reliefs sought, it is necessary to extract the prayers in both these applications.

3. In Comp.A.No.248 of 2012, the reliefs sought are as follows:

"(i) to direct the respondent, his agents, servants, assigns and or any person acting or purporting to act through or under him be restrained by an order of interim injunction of this Court from selling, alienating, encumbering, transferring, and or in any manner creating any third party rights, title or interest in respect of the property situated at No.42B, Chowringhee Road, Calcutta admeasuring 93.5 Cottahs as stated in the report;

(ii) to direct the respondent to hand over all the shares certificates relating to the companies mentioned in para 6 of the report;

(iii) to direct the respondent to make statement on oath as to whether any benefit was derived during the period when he held the shares."

4. In Comp.A.No.337 of 2012, the reliefs sought are as follows:

"(i) to direct the respondent, its agents, servants, assigns and or any person acting or purporting to act through or under him be restrained by an order of interim injunction of this Court from selling, alienating, encumbering, transferring and or in any manner creating any third party rights, title or interest and carrying out any construction activity whatsoever it may be on the above property situated at No.42B, Chowringhee Road, Calcutta admeasuring 93.5 Cottahs as stated supra;

(ii) to direct the respondent to produce all the statutory records from the year 1997 to till date in respect of 5 companies viz., SPA Electricals Private Limited, SPA Tea Private Limited, SPA Lease and Finance Private Limited, STB Leasing and Finance Private Limited and Sowmya Vaniya Pvt. Limited which has come in its possession consequent upon its merger for examination of this Court for ascertaining the truth about the manner in which the shares had been dealt with;

(iii) to lift the corporate veil of the respondent-company for finding out the actual beneficiary of the company; and

(iv) to direct making good the loss suffered by the applicant company in liquidation."

5. While Comp.A.No. 248 of 2012 was filed on 08.3.2012, Comp.A.No. 337 of 2012 was filed on 29.3.2012. In the first application, this Court ordered notice on 13.3.2012 and also granted an interim order of injunction. Similarly, when the next application came up on 30.3.2012, this Court granted an injunction even in that case, though they are in respect of the very same property.

6. It appears that as against the ex parte interim orders of injunction granted on 30.3.2012 in Comp.A.No.337 of 2012, the respondent in Comp.A. No.337 of 2012 filed an appeal in OSA No.152 of 2012. The Division Bench appears to have admitted the appeal and granted an interim stay o