Mjm Nirman Private Limited vs Sanket Merchandise Private Limited on 24 December, 2024

Calcutta High Court (Appellete Side)

Mjm Nirman Private Limited vs Sanket Merchandise Private Limited on 24 December, 2024

ADSDL- 1
24.12.2024
Ct. No.-5
Saswata
                        C.O. 4479 of 2024

                        MJM Nirman Private Limited
                             -Vs-
                        Sanket Merchandise Private Limited
                          & Ors.


                 Mr. Sabyasachi Chowdhury, Ld. Sr. Adv.
                 Mr. Rajarshi Dutta
                 Mr. Amit Kumar Nag
                 Mr. Partha Banerjee
                                        ...for the petitioner

             1.

Citing extreme urgency, the matter had been

mentioned. Pursuant to leave granted by this

Court, the matter has appeared in the

supplementary list.

2. Challenging the order no. 6 dated 21st

December 2024 passed by the Learned Civil

Judge (Senior Division), 2nd Court Baruipur, in

T.S. No. 562 of 2023 whereby, on the basis of

an application filed under Section 151 of the

Code of Civil Procedure (hereinafter referred to

as the “Code”), a decree on compromise was,

in effect, set aside, the instant revisional

application has been filed.

3. Mr. Chowdhury, learned Senior Advocate

representing the petitioner by drawing

attention of this Court to the decree passed by

the Learned Court in Title Suit no. 562 of

2023 on 18th October, 2023, would submit

that the same was passed on the basis of a
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joint compromise application filed by the

parties. The petitioner was at least entitled to

a notice prior to such a decree being recalled

by allowing the application under Section 151

of the Code.

4. He would further submit that an application

filed under Section 151 of the Code was moved

by way of a put up petition. No copy of such

petition or the application under Section 151

of the Code was served on the petitioner. By

placing reliance on the statements made in

paragraph 15 of the instant revisional

application, he submits that the opposite

parties, armed with the order dated 21st

December 2024 are taking steps for creating

third party interest in respect of the suit

property, on the strength of title deeds which

have already been declared to be null and void

by the compromise decree dated 18th October,

2023. As such, he seeks immediate

protection. He also submits that apart from

the aforesaid, the opposite parties are

proceeding in hot haste to change the Record

of Rights and as such, there is an extreme

urgency in granting ad interim relief.

5. Having heard the learned Senior advocate

appearing for the petitioner and having
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considered the materials on record, since it

prima facie appears that the decree dated 18th

October, 2023 was passed on the basis of a

joint compromise application, the least that

was expected was to serve a copy of the

application under Section 151 of the Code on

the petitioner who was a party to the said

compromise decree, prior to restoring the suit,

thereby effectively having the said compromise

decree recalled.

6. From the order impugned, it also appears that

the application under Section 151 of the Code

was moved on the basis of a put up petition.

Since, the petitioner was not put to notice

prior to effectively recalling the decree dated

18th October, 2023 by restoration of the suit,

and without going at this stage into the

correctness of the allegations made in the

application under Section 151 of the Code, I

am of the view that the petitioner having made

out a prima facie case at least, is entitled to a

limited protection.

7. Having regard thereto, let a copy of this

revisional application be served on the

opposite parties.

8. Till the next date of hearing, the parties are

directed to maintain status quo and are
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restrained from creating any third party

interest over and in respect of the properties

which form subject-matter of the compromise

decree dated 18th October, 2023. The parties

are also restrained in the meantime to take

any steps for alteration of Record of Rights.

9. As prayed for leave is granted to the petitioner

to file supplementary affidavit on or before the

matter is taken up next, with an advance copy

thereof to the opposite parties.

10. List this matter under the heading

“Motion” in the daily supplementary list on

10th February, 2025.

11. The opposite parties shall be at liberty to

pray for vacating, variation of this order upon

notice to the petitioner.

All parties shall act on the basis of the

server copy of this order duly downloaded from

the official website of this Hon’ble Court.

(Raja Basu Chowdhury, J.)