Sanjay Goswami v. Ajay Kumar Agarwala and Ors.
Case brief
What is this about?
The High Court dismissed an appeal against a Civil Court order refusing to grant an ex parte injunction. The Court held the appellant failed to establish exceptional circumstances justifying an order without notice, noting the appellant had known of the disputed terms of settlement for some time.
What did the court decide?
Appeal and connected application dismissed.
What the court decided
10
27.06.2023
S.R.
FMAT 218 of 2023 with IA NO. CAN 1 of 2023
Sanjay Goswami Vs. Ajay Kumar Agarwala & Ors.
Mr. Anindya Bose Mr. Subhayu Das Mr. Diptendu Mondal
… For the appellant.
The plaintiff/appellant has assailed the order no. 2 dated 2nd May, 2023 passed by the learned Judge-incharge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 816 of 2023 whereby the learned Court below refused to pass ex parte order of injunction, as prayed for.
The facts giving rise to this appeal, in brief, are that the plaintiff/appellant ( hereinafter referred to as the plaintiff) filed a suit for declaration and permanent injunction contending, inter alia, that the plaintiff owned 12.45% share in the proforma defendant company and from a reliable source the plaintiff came to learn that an application under Section 9 of the Insolvency and Bankruptcy Code 2016 read with Rule 6 of the Insolvency and Bankruptcy Rules, 2016 has been preferred before the learned National Company
2
Issues for consideration
2 issues framed by the court
Whether the learned Court erred in refusing an ex parte order of injunction.
Ex parte injunctions are generally disfavored and should be granted only in exceptional circumstances.
Parties & counsel
- appellant
Sanjay Goswami
- respondent
Ajay Kumar Agarwala
Coram
Partha Sarathi Chatterjee
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · June
- Registered
- Case no.
- FMAT/218/2023
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