87 of 2004, which is said to be pending.
I applied to the Court for leave to withdraw the suit on the ground that since there were talks of settlement between the parties, he numberlonger wished to proceed with the suit.
32 of 2003 in the Court of Civil Judge, Senior Division 9th Court at Alipore, for specific performance of the agreement purported to have been cancelled and for temporary injunction to restrain the petitioners from alienating the suit premises.
I. In addition, Shri Banerjee and the other companyowners of the property have also questioned the legality of the second order passed by the learned Single Judge on 14th March, 2005 rejecting their application for recalling the order dated 4th February, 2005.
Since according to Shri Banerjee and the other company owners of the premises, their learned advocate was unable to attend the hearing on 4th February, 2005, on account of personal reasons, they filed an application, being CAN No.
Since the Special Leave Petitions have been preferred against the companymon order dated 4th February, 2005 of the Learned Single Judge of the Calcutta High Court, we have taken them up together for hearing and they are being disposed of by this companymon judgment.
His prayer for interim injunction in the said suit was rejected.
1999 of 2005, before the said learned Judge for recall of his order dated 4th February, 2005.
Thereafter, on 23rd December, 2004, Shri Madhukar Nowlakha filed an application before the High Court at Calcutta under Article 227 of the Constitution, being O. No.3982 of 2004, challenging the Trial Courts order dated 24th September, 2004, refusing to recall its earlier order of 11th February, 2004.
Thereafter, on 30th October, 2003, the said Respondent No.
32 of 2002 for trial before the Civil Judge, Senior Division 9th Court at Alipore.
10024/2005.
On 11th July, 2004, the learned Judge allowed the respondent No.
The same was heard and dismissed on companytest on 14th March, 2005 with the learned Single Judge reaffirming his order restoring the suit on 4th February, 2005.
Within a month thereafter, on 24th September, 2004, Shri Madhukar Nowlakha applied to the learned Civil Judge Senior Division 9th Court at Alipore, for recalling of the order by which the suit had been permitted to be withdrawn on the ground that he had been misled into making such application on account of the misrepresentation of Shri Biswarup Banerjee and the other companyowners that they would sell the property to him provided he withdrew the suit.
4A, Lansdowne Place, P.S. Lake, Kolkata 700029, together with the building and structures thereon, with one Shri Biswarup Banerjee and five others on 20th September, 1988.
Arising out of SLP No.10024 of 2005 with CIVIL APPEAL NO.1368 OF 2006 Arising out of SLP No.
I, Shri Biswarup Banerjee and the other companyowners sold the premises to M S. Jet Ply Wood Company Limited, the petitioner in SLP C No.
On 4th February, 2005, the learned Single Judge of the Calcutta High Court heard and allowed the revisional application, being C.O. 3982 of 2004, and restored Title Suit No.
On 23rd August, 2004, after termination of the agreement and after withdrawal of the suit filed by the Respondent No.
No leave was prayed for to file a fresh suit on the same cause of action.
9761 9762 of 2005 Biswarup Banerjee Ors.
I to withdraw the suit, but without liberty to file a fresh suit on the same cause of action.
On 24th September, 2003, Shri Madhukar Nowlakha filed Title Suit No.
I in these appeals, entered into an agreement for sale in respect of premises No.
One Madhukar Nowlakha, the respondent No.
While admitting the said application, the High Court directed service of numberice on the opposite parties and directed status quo to be maintained for a period of eight weeks.
After rejection of his said application for recalling the order allowing withdrawal of the suit, Shri Madhukar Nowlakha filed a second suit, being Title Suit No.
Both these two Special Leave Petitions have been filed challenging the first order of the learned Single Judge dated 4th February, 2005 restoring the suit of respondent No.
Appellants Versus Madhukar Nowlakha Respondent ALTAMAS KABIR,J. Leave granted in both the matters.
The learned Civil Judge Senior Division 9th Court at Alipore, rejected the said application filed by Shri Madhukar Nowlakha.
Inasmuch as, the said agreement was allegedly number acted upon for a long time, the same was purportedly cancelled by the owners on 15th June, 2002.
