M/S Dewar S Garage Limited v. The Commissioner Of Police Kolkata And ORS

OD-01 ORDER SHEET WPO/2859/2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE M/S. DEWAR'S GARAGE LIMITED -VSTHE COMMISSIONER OF POLICE, KOLKATA AND ORS.

BEFORE:

HON'BLE JUSTICE RAJASEKHAR MANTHA DATE: 3RD NOVEMBER 2022.

APPEARANCE:

Mr. D. Mukherjee, Adv.; Mr. M. Mukherjee, Adv.; Mr. D. Dwivedi, Adv., for petitioner. Mr. M. Malhotra, Adv.; Mr. S. Dey, Adv., for State. Mr. B. Ghosh, Adv.; Mr. S. Chakraborty, Adv., for private respondents. THE COURT: The petitioner is aggrieved that the private respondents continue to violate an ad interim order of injunction, dated August 22, 2022, passed by the learned 7th Bench of the City Civil Court at Calcutta in T.S. No.603 of 2020. By the said order, both the parties were directed to maintain status quo with regard to the nature, character, usage, occupation and possession of the suit property. The parties shall strictly abide by the aforesaid order of status quo. The private respondents, however, may take steps for modification of the said order or take any further steps available in respect of the said order.

Till such time the said order subsists, however, the Hare Street Police Station shall ensure that it is implemented in letter and spirit. The Police Station shall, at the request of the petitioner, post a police picket at the said premises at the cost and expense of the petitioner for a period of one week from date. In the event any further assistance is requisitioned from the Hair Street Police Station, it shall take immediate steps and respond.

Needless to mention, the posting of police picket and police protection shall abide by any further order that the civil court may pass in accordance with law. With the above directions, the writ petition stands disposed of. (RAJASEKHAR MANTHA, J) tk