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2007 DIGILAW 2995 (ALL)

A H WHEELERS AND CO PVT LTD v. VIJAY KUMAR MEHTA

2007-12-13

V.K.VERMA, V.M.SAHAI

body2007
( 1 ) -WE have heard Sri P. K. Mukerji, learned Counsel for the appellant and Sri B. N. Singh assisted by Sri Anil Kumar Pandey, learned Counsel appearing for the respondent No. 2. ( 2 ) IN this matter on 24. 4. 2007, a Division Bench of this Court has already directed Sri Vijay Kumar Mehta and his agents and servants not to sell any kind of books etc. The order passed by this Court is extracted as under:-"in the meanwhile and until further orders there will be an ad interim order restraining Shri Vijay Kumar Mehta, his agents and servants no to sell any kind of books, magazines, etc. at platform Nos. 1 and 3 of the Mulund Railway Station, Central Railway Mumbai. " ( 3 ) SRI P. K. Mukerji has urged that defendant-respondent No. 2, Sri Vijay Kumar Mehta was an agent of the appellants book stall at Mulund Railway Station, Mumbai at Platform Nos. 1 and 3 but agency of the defendant-respondent no. 2 has been terminated and defendant No. 2 had been restrained from selling any book from the shop lying closed due to which appellant is suffering loss and in case appeal of the appellant is dismissed by this Court, the appellant is ready to comply with the directions which may ultimately be issued by this Court after final hearing. Sri P. K. Mukerji has also urged that the matter is extremely urgent and every day the appellant is being subjected to heavy loss and he gives an undertaking on behalf of the appellant that the appellant shall keep the profits of the aforesaid two book stalls in separate bank account which shall be subjected to the decision of this appeal. In view of the undertaking given by the learned Counsel for the appellant and in view of the urgency of the matter he has made a request that Advocate Commissioner be appointed so that he may go to Mulund Railway Station, Mumbai and handover possession of the book stalls to the appellant so that it may be run by any other person/agent. ( 4 ) SRI Mukerji has suggested the name of Sri Saurabh Basu to be the Advocate Commissioner to which Sri B. N. Singh and Sri Anil Kumar Pandey learned Counsel for the respondent No. 2 has no objection. ( 4 ) SRI Mukerji has suggested the name of Sri Saurabh Basu to be the Advocate Commissioner to which Sri B. N. Singh and Sri Anil Kumar Pandey learned Counsel for the respondent No. 2 has no objection. ( 5 ) IN view of the undertakings given by the learned Counsel appearing for the appellant we appoint Sri Saurabh Basu, Advocate, High Court, Allahabad as Advocate-Commissioner. ( 6 ) SHRI Mukerji has suggested that since Advocate Commissioner has to go Mumbai and has to make an inventory of the books in the shops at Platform Nos. 1 and 3, a consolidated fee of Rs. 50,000/- will be paid as fee besides other expenses. The Advocate-Commissioner may also take any other person along with him for assistance. Sri B. N. Singh appearing for respondent No. 2 has no objection to the appointment of Saurabh Basu as an Advocate Commissioner. ( 7 ) THEREFORE, we appoint Sri Saurabh Basu to be Advocate Commissioner, High Court, Allahabad as Advocate Commissioner. ( 8 ) SRI Saurabh Basu will go to Mulund Rail Station, Central Railway, Mumbai and execute the commission on 18th December, 2007. Station Master Mulund Railway Station, Central Railway, Mumbai and Incharge Government Railway Protection Force at the Station are directed to assist the Advocate Commissioner to handover the possession of the shop to the appellant after preparing inventory of the books which shall be kept by the appellant under his Supurdgi and control. The Advocate Commissioner and his assistant shall go to Mumbai and come back by Air, and arrangement of stay and fooding shall be made in a good hotel in Mumbai besides conveyance. ( 9 ) WE further authorise Advocate Commissioner to get broken the locks of the book stalls at Platform Nos. 1 and 3 at Mulund Railway Station, Central Railway, Mumbai. The Advocate Commissioner will submit his report on 5. 1. 2008. His consolidated fee Rs. 50,000/- (fifty thousand) shall be paid by the learned Counsel for the appellant in advance before leaving for Mumbai. ( 10 ) ADVOCATE Commissioners assistant shall not be paid any fee except travelling charges and stay etc which shall be paid by the appellant. ( 11 ) ADVOCATE Commissioner shall submit his report before the Bench on 7. 1. 2008. ( 12 ) LIST this Case on 7. 1. 2008 before the appropriate Bench. ( 10 ) ADVOCATE Commissioners assistant shall not be paid any fee except travelling charges and stay etc which shall be paid by the appellant. ( 11 ) ADVOCATE Commissioner shall submit his report before the Bench on 7. 1. 2008. ( 12 ) LIST this Case on 7. 1. 2008 before the appropriate Bench. ( 13 ) OFFICE is directed to handover a certified copy of this order to Shri Saurabh Basu, Advocate Commissioner free of cost today for ensuring compliance of this order and for carrying out the commission. A certified copy of this order shall also be given to Sri B. N. Singh and Sri Anil Kumar Pandey, learned Counsel for the respondent No. 2 and to the appellant on payment of usual charges today. Ordered Accordingly. .