[Resolved]  Rajshree Steels Pvt. Ltd. — Obtained Executive Magistrate Order suppressing facts and violate civil court order

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West Bengal

In a civil suit pending between ourselves and M/s Rajshree Steels Pvt. Ltd, now known as M/s Rajshree Infratech Pvr. Ltd., an order passed by the 8th Sub Judge Senior Division, Alipore affirmed by the Divisional Bench of Honble High Court regarding status quo in respect of common areas and facilities of the premises no. 6B, Kabir Road, Kolkata – 700 026 was flouted by the said promoter company, M/s Rajshree Steels Pvt. Ltd., the defendant in the said suit by obtaining a 1st Executive Magistrate Order to repair the boundary wall and roof by suppressing the material fact regarding the civil suit from the magistrate. In the name of repairing, the promoter redesigned the boundary walls by fixing vitrified glaze tiles in place of cement and plaster thereby violating the status quo order. The police authority who themselves earlier stopped the promoters from the said construction on September 12, 2010 against our complaint allowed them to construct the boundary wall on the basis of the Executive Magistrate Order.

This act of the promoter not only adversely affects our right, title and interest in the common areas of the premises but also the quality of the said boundary wall which was a subject matter of the dispute was also destroyed by the promoter. This act was of the promoter was done not with the proper leave of the court but unlawfully and illegally. It is pertinent to mention that earlier also the said promoter moved to the 1st Executive Magistrate in a dispute related to the said premises but at that time, on contest the 1st Executive Magistrate refused to entertain them and directed them to move before the appropriate civil authority. In spite of the said order, they repeated the process and conducted the said illegal act.