This bench dismissed an appeal and a connected application seeking ad interim injunction. Upholding the lower court's refusal to grant the injunction, the Court observed that merits could be urged before the lower court and directed a show-cause notice.
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03 06.10.2020 S/L
Ct. No. 08
F.M.A.T. 396 of 2020 With CAN 1 of 2020
akd
Bamdev Guchait Vs. Sri Bidyut Mandal.
Mr. Kumar Jyoti Tewari, Mr. Tarun Jyoti Tewari, Mr. Rajlakshmi Ghatak, Mr. S. Sharma.
… for the appellant.
We do not see any reason to interfere with the judgement and order dated 30th September, 2020 made by the Court below refusing an ad interim injunction prayed for by the appellant.
By the said order he was directed to show cause within fifteen days of receiving the notice. The next date for his appearance before the said Court is 21st October, 2020.
The grounds in the appeal and the prayer made before this Court can well be urged before the learned Court below.
We also observe that if any disposition of the subject property is made by the respondent from this date till the learned Court below is in a position to consider the interim application, the same shall abide by the order to be passed by the said Court.
The appeal and the connected application are dismissed.
(I. P. Mukerji, J.)
(Hiranmay Bhattacharyya, J.)
2
1 issue framed by the court
Whether this Court should interfere with the order refusing ad interim injunction and the connected application filed below.
Bamdev Guchait
Sri Bidyut Mandal
I. P. Mukerji
Hiranmay Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
