The High Court, admitting the appeals against an ex-parte ad-interim injunction, directed the trial judge to dispose of the application expeditiously with service on respondents, by September 23, 2022.
Directed trial judge to dispose of interim application after proving service on respondents by September 23, 2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
05.07.2022 KC(9 &10)
F.M.A. 793 of 2022 Ashok Kumar Ganguly and Anr. -versusKrishna Chakraborty and Anr. with CAN 1 of 2022 With F.M.A. 794 of 2022 Ashok Kumar Ganguly and Anr. -versusKrishna Chakraborty and Anr. with CAN 1 of 2022
Ms. Sohini Chakraborty, Mr. Sagun Baid………..….………….For the appellants.
Owing to the very fair submission made by Ms. Chakraborty, learned advocate for the appellants in these two appeals, we are in a position to dispose of the same today, dispensing with all formalities.
Further to our observation, service of the connected application was made on the respondents. An affidavit service is on record.
This appeal is against an ex-parte ad-interim order of injunction. Against the initial order the appellant filed the appeal.
On the returnable day of the said application, according to Ms. Chakraborty, her clients wanted to contest continuance of the interim order by bringing ready before the court their written objection. The written objection was taken on record. The interim
2
order was extended. The date of hearing of the interim application is fixed on 11th August, 2022.
The only prayer learned counsel makes before this court is that on the adjourned date, the application should be heard out by the learned court below.
It is a very fair prayer.
We formally admit the appeals and dispose of the same by directing the learned trial judge to dispose of the interim application, as expeditiously as possible, not later than 23rd September, 2022 after hearing the parties and by a reasoned order.
The appeals (F.M.A. 793 of 2022 and F.M.A. 794 of 2022) and the connected applications (CAN 1 of 2022 and CAN 1 of 2022) are disposed of.
(I.P. MUKERJI, J.)
(AJOY KUMAR MUKHERJEE, J.)
1 issue framed by the court
Whether the High Court should direct the learned trial judge to hear the interim application expeditiously with proof of service to both parties.
Ashok Kumar Ganguly
Krishna Chakraborty
I.P. Mukerji
Ajay Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
