Sk. Sajahan And ANR. v. Kaji Maidul Islam Andors.

11 31.3.2022 Sc Ct. no.8 FMAT 45 OF 2022 with I.A. No. CAN 1 OF 2022 -------------- Sk. Sajahan & Anr.

Vs.

Kaji Maidul Islam & Ors.

Ms. Pompey Bose Mr. Abhra Mukherjee Mr. Anjan Banerjee Mr. Sauradeep Dutta.

... For the Appellants/ Plaintiffs Affidavit-of-service, filed on behalf of the appellants is taken on record.

It appears from the affidavit-of-service that Kaji Maidul Islam has refused to accept the notice. Insofar as the other respondents are concerned, the track report does not show receipt of the said notices.

In terms of our earlier order the Axis Bank Ltd. and the State Bank of India has produced statements of accounts for the period from January 2021 to February, 2022 in respect of Account No.916010014020330 (with Axis Bank Ltd.) and Account No.37718358617 (with State Bank of India). The said statements of accounts do not reflect any transaction concerning Rs.35 lakh (Rupees thirty five lakh) as mentioned in the Schedule to the Deed.

The respondent no.1, inspite of notice, did not appear.

On the basis of such disclosure, we are of the prima facie opinion that the plaintiffs are able to make out a prima facie case with regard to non-payment of consideration. Accordingly the respondents are restrained from dealing with, dispossessing of and/or changing the nature and character of the suit property till the disposal of the injunction application.

We have been informed that the respondents are disturbing the possession of the plaintiffs and complaints have been lodged with the local police station. In the event, the police authorities are not acting in terms of the complaints, the plaintiffs shall be entitled to approach appropriate Court for appropriate reliefs.

This order shall be immediately communicated to the respondents and to the learned trial Court. A copy of this order shall also be communicated to the Officer-inCharge of the local Police Station for information and doing the needful.

The appeal and the application are disposed of. There shall be no order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously on usual undertaking. (Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)