RITONA CONSULTANCY PVT. LTD. AND ORS. ETE. ETC. versus LOHIA JUTE PRESS AND ORS. ETC.

Two suits were filed in the High Court of Calcutta. Suit No. 228/96 was filed by Lohia Jute Press against (I) Ritona Consultancy Pvt. Ltd. (2) Smrity Securities Pvt. Ltd. (3) River Blue· Commodities Pvt. Ltd. and 18 others, alleging that having obtained a contract with the Government of Assam 17.7.1995, entered into agreements with defendant Nos. 1, 2 and 3 on 31.8.1995 for preparation and supply of 49,26,465 photo identity Cards-defendant 1 to cover the area in the district of Barpeta and Kamrup; defendant No. for Nalbari, Darang and Marigaon and defendant No.3 for Dhuburi, Kokarajahar, Bangiagaon and Goalpara [in all nine districts]. Defendant No. 4, who was Director in the defendant companies guaranteed due performance of obligation by defendant Nos. 1, 2 and 3. Defendant Nos. 1, 2 and 3 were liable to furnish bank guarantee i.e., performance guarantee of Rs. 10 Lakhs each and on failure to do so, pledge share scrips with duly signed transfer deeds by way of security. On various facts and grounds averred in the plaint, plaintiff sought for relief against defendant Nos. I ,2 and 3 for (a) delivery of photo identity cards/video cassettes or cartridges containing photos electors/generator sets or payment of Rs. 80,000 in lieu thereof; (b) decree of Rs.l crore against defendant Nos. I and 4; decree of Rs. 1 crore against defendant Nos. 2 and 4; decree of Rs.l crore against defendant Nos. 3 4, alternatively inquiry for damages; (c) declaration that shares stand pledged to plaintiff and for sale thereof for adjustment of the proceeds against dues to the plaintiff from the defendants.

pp. 855–856, margin A

Suit No. 209-A/96 was filed by (1) Ritona Consultancy Pvt. Ltd. Smrity Securities Pvt. Ltd. (3) River Blue Commodities Pvt. Ltd. against Lohia Jute Press and its partners and shareholders [defendant Nos. 5 to 22] whose shares have been pledged and defendant Nos. 23 to 190 to whom shares are transferred for (a) return of the shares or debentures from defendants other than defendant Nos. 5 to 22 or inquiry into their value and decree for such sum as may be fixed; (b) decree for money in f~vour of plaintiffs or for inquiry into damages and decree thereof; (c) decree for injunction restraining defendant Nos. 1 to 4 from lodging any of the Shares or debentures with defendant Nos. 23 to 190 not to further alienate or alter ownership and if altered, to restore ownership to defendant Nos. 5 to 22; and (d) declaration that plaintiffs owners of video cassettes, cartridges and photographs and injunction from claiming ownership.

p. 856, margin D

These two suits arose out of contract awarded to M/s Lohia Jute Press for preparation and supply of 49, 26,465 photo identity cards to be completed by 3.9.1995 subject to several conditions with which we are at present concerned. M/s. Lohia Jute Press entered into contracts with the three defendants in Suit No. 228/96 to which the State of Assam is not a party.

p. 856, margin A

CONSUL TA~CY PVT. v LOHIA JUTE ,, se suits applications were filed for interim reliefs and the High

p. 857

I 'd d Calcurta, on its ongm~ e~ rna e an o_rder on 26.8.96 appointing court · receiver in ~espect .of v1deo cassettes. and directions were given to him steps for preparation of the voter Identity cards and deliver the reparation thereof. In furtherance of this order, another order was ~g.4.l997 framing a scheme for preparation of the identity cards by receiver. Appeals were preferred before the Division Bench of the Hi<Fh against the order of the learrned Single Judge dated 28.4.1997 fra;ing scheme. The Division Bench directed the joint receivers to complete of preparation of photo identity cards within a time frame by taking necessary assistance of outside agency for preparation of the same by an order on 5.5.1998. This order is challenged in SLP(c) Nos. 10072-10073/98. other orders made by the Division bench which do not effectively ofthe matters before it are also challenged in different special leave petitions. This Court has passed several orders to complete the work of preparation photo identity cards within a particular time frame by taking help of the Electoral Officer, though he was .. not a party to the proceedings and as 12 different orders have been passed on various dates from 28.8 18.8.2000. Still as per·the status report filed in the court, the work complete. · ·

p. 857, margin A

As this stage of the proceedings, we must notice certain sta r~a t ures of the case:

p. 857, margin D

(a) Contract was awarded by the Government of Assam on 17.7.1995 to be completed by 3.9.1995 which is not still complete,

p. 857, margin E

over five years have elapsed; (b) In the disputes between the main contractor and sub-contractors · ansing out of certain contract to which the State Government not a party, various reliefs are sought for even affecting the rights and interests of the Government of Assam; thus this

p. 857, margin E

a case of playing Hamlet without the Prince of Denmark. (c) In the event the contract with the Government of As Loh ia Jute Press is cancelled (for which step there impediment) many of the reliefs sought for in the suits · · d d"ffi cllhcr of the parties wou Id become mfruc~ous an ere

p. 857, margin F

of rel iefs will have to be worked out~ (d) ·Su its are fi led in the High Court of Calcutta forum found

p. 857, margin G

convenient to the parties, and not where the contract has ._.._,__

p. 857, margin H

: exe~uted or the Government upon which it is binding is located.

p. 858

· In these circumstances, no useful purpose be served in keeping these proceedings in this Court pending a·nd the orders made by the High · Court as modified by this Court shall be effective until further orders are made . by the High Court either on the trial side or in the LP A side. In respect of those reliefs sought for in different applications, either pending or not effective1y disposed of by allowing or rejecting or in any similar manner or fresh or new aspects, it is open to the parties to seek for further directions in the High Court. The High Court shall decide on such applications bearing in mind the salutary principle that an interlocutory order is made by way of aid to the proper adjudication of the claims and disputes arising in and not made beyond the scope of the suit or against the parties who are not before it. That neither excessive conservatism or traditional technical approach nor over-zealous activist approach is conducive to advancement of justice.

p. 858

Subject to the aforesaid observations, these special leave petitions shall stand disposed of accordingly.

p. 858, margin C

In view of the orders made by us now, the petitions invoking the jurisdiction in contempt have become unnecessary. The proceedings in the contempt petitions shall thus stand dropped and shall be treated to have terminated with this order. T.N.A. Petitions disposed of.

p. 858, margin D