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S. C. PETITION
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ANNEXURE : A-5 : Page-107-110

NOTICE PAGE-1
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Notice PAGE-2
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Page-108

ANNEXURE : "A-5"

Collectively

(Typed Copy of Letter)

Miss Mandira Mukherjee, B. A., Hons., LL. B.,

Advocate High Court Phone : 23-5579 23-3179

City Civil Court Bar Association, 2nd floor, City Civil Court Phone 23-1708

High Court,

Calcutta Residence & Chamber :

57/A, Purna Mitra lane, Tollygunge, Calcutta-700033

Registered. With A/D. Dated 13.2.1985

Ld. Mr. Srikanta Bhattacharyya, Advocate,

P-203, CIT Road, Scheme No. VI(M),

Calcutta-700054

My Client: Milap Chand Choraria,

Secretary of Nav-Surya Co-operative Housing Society Ltd.,

Subject: Temporary injunction imposed by order No. 10 dated 4.10.83 passed by Ld. Court of 7th Sub-Judge at Alipore, in Title Suit No. 108/83 (Sukumar das and ors. Vs- Nav-Surya Co-operative Housing Society Ltd., & ors.) filed by you.

Ref: Your Letter dt 17th February 1984 addressed to "TO WHOM MAY CONCERNED", with regard to above referred subject.

Signature with date

of receiving Clerk

with Round Rubber Seal of

Behala P. S. 24-Parganas

Dear Sir,

A copy of your letter dated 17th February 1983 under reference on the above referred subject has been handed over to me and I therefore under instructions from and on behalf of my client above named write to you as follows:-

  1. That before making comment of your letter under reference following have been extracted from your said letter under reference.
    1. "The learned Court firstly give an ad-interim injunction and thereafter on contesting hearing by order No. 10 dated 4.10.83 the Ld. Court was pleased to allow the temporary injunction in respect of suit property as stated in the Schedule of the plaint as follows:";
    2.  

       

       

       

       

       

      Page-109

      ANNEXURE : "A-5"

      Collectively

    3. "The defendants 1 and 2 are hereby restrained Temporarily from making any construction blocking the possession for";
    4. AND

    5. "that in view of the above order any construction in the suit property as per order as stated in the injunction petition and the plaint will be treated as violation of injunction order";

That under instruction from and on behalf of my client above named the above quotations (a), (b) & (c) extracted from your letter under reference through which you have tried to create confusion over the matter by

misrepresenting, misconstruing and by changing the word of above referred Temporary injunction order imposed by Ld. 7th Court of Sub-ordinate Judge at Alipore in T. S. No. 108/83 by stating are analysed as follows:-

    1. "as stated is the Schedule of the plaint",
    2. "possession" (instead of passage.") and
    3. "Any construction" (instead of "any construction blocking the passage") and]
    4. "as stated in the injunction petition and the plaint"

It is stated that nowhere in the temporary injunction order the sentence in the quotation "as stated is the Schedule of the plaint" or "as stated in the injunction petition and the plaint" are mentioned.

That under your advices your clients Sukumar Das

 

 

 

 

 

 

 

 

 

 

 

 

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ANNEXURE : "A-5"

Collectively

and others have submitted before the Police of Behala P. S. on 18.2.84, by producing your above referred letter, that in view of the said order Surya Co-operative Housing Society Limited, can not start any construction work Boundry wall at any place of entire holding of 21, Seal Thakur Bari Road, Calcutta-38.

  1. That Temporary injunction was not allowed only after hearing the plaint and injunction petition but was allowed after hearing the objections and other petitions of the defendants, as well as my clients, in the said suit. Contention of Temporary injunction order is very clear and defendants of the said suit are not restrained from making any construction which would not block the passage for ingress and egress of the peaceful possession of the plaintiffs.
  2. Therefore, under instructions from my client, I hereby request you, to withdraw your above referred letter dated 17th February 1984 within 24 hours from the time of receiving of this letter and to instruct your clients to withdraw their submissions from Behala P. S. Otherwise, my client have no other alternative but to compel to take such legal steps against you as he may be advised in the interest of justice, without any further notice, which please note.

Yours faithfully

Sd/- Mandira Mukherjee, Advocate.

C.C. to Officer-in-charge, Behala P. S., for their information with reference to submissions made by Sukumar Das & other tenants on 18.2.84, before Police as aforesaid.

Postal Receipt No. 1587 dated 27th Feb 1984 of Calcutta G.P.O.

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