Charu Diesels LLP and Ors. Vs M/S E L Properties Pvt. Ltd. and Ors. — Calcutta HC (2024) — LawSathi Research

Charu Diesels LLP and Ors. Vs M/S E L Properties Pvt. Ltd. and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

The appeal FMAT 398 of 2024 and the connected application CAN 1 of 2024 were disposed of without adjudication; the Trial Court was requested to dispose of the application for temporary injunction on the fixed date of 21st January 2025, or within one week therefrom if unavoidable.

Issue for consideration

Whether the appeal should be entertained at all, given that any observations made therein, though prima facie, would have an impact at the time of final disposal of the pending application for temporary injunction. +2 more

Court's answer

Entertaining the appeal was undesirable because any observations made therein, though prima facie, shall have an impact at the time of final disposal of the application for temporary injunction.

Ratio / Principle

Justice would be sub-served if the application for temporary injunction is decided on the date fixed; accordingly the Trial Court was requested to take up the application and dispose of it on that date.

Key takeaways

In the event the temporary injunction application could not be disposed of on the fixed date for unavoidable reason, endeavour shall be shown to dispose of it within one week therefrom.ratio¶19
For abundant precaution it was made clear that the observations made herein above, if incidentally and accidentally touching upon the merit and/or demerit of the case, shall not have any persuasive impact.obiter¶21

Detailed headnote1 paragraphs

FMAT 398 of 2024 — Charu Diesels LLP and others v. M/s. E. L. Properties Private Limited and others (disposed of 19.12.2024; Harish Tandon, J. and Prasenjit Biswas, J.). The appeal arose from an ad interim injunction order dated 7th September 2024 passed by the Civil Judge (Senior Division), 2nd Court, Alipore in Title Suit No. 1200 of 2024, restraining the defendants/appellants from dealing with, disposing of or creating third party interest in the suit properties for a limited period. The plaintiff/respondent no. 1 had sought recovery of possession, perpetual injunction, damages, arrear monthly rent and proportionate Municipal Corporation charges, with a temporary injunction application alleging attempted creation of third party interest despite continued jural relationship; service had been effected under Order XXXIX Rule 3 of the Code of Civil Procedure and the injunction application stood fixed for 21st January 2025. Deeming entertainment of the appeal undesirable lest prima facie observations prejudice final disposal of the injunction application, the bench disposed of the appeal and CAN 1 of 2024, requesting the Trial Court to decide the injunction application on the fixed date (failing which, within one week therefrom), and declared that incidental observations herein would carry no persuasive weight on merits.

138 19.12. 2024

FMAT 398 of 2024 IA No. CAN 1 of 2024

Ct. No. 08

ab

Charu Diesels LLP and others Vs.

M/s. E. L. Properties Private Limited and others.

---------------------

Mr. Satadeep Bhattacharyya, Mr. UttamSharma, Ms. Vrinda Kedia.

… for the appellants.

Mr. Suman Kumar Dutta, Mr. Dwaipayan Basu Mallick, Mr. Arkaprava Sen, Mr. Sayantan Kar.

… for the respondent no. 1.

The instant appeal arises from an order dated 7^th September 2024 passed in Title Suit No. 1200 of 2024 by the learned Civil Judge (Senior Division), 2^nd Court at Alipore by which an ad interim order restraining the defendants/appellants to deal with and/or dispose of and/or creating any third party interest in respect of the suit properties for a limited period is passed.

The plaintiff/respondent no. 1 has filed a suit for recovery of possession, perpetual injunction, damages, recovery of arrear monthly rent and recovery of arrear of proportionate Municipal Corporation charges from the defendants or each of them and in such suit, an application for temporary injunction was taken out alleging that despite the jural relationship continued, they are trying to create a third party interest in respect of the property.

We find that upon service having effected under Order XXXIX Rule 3 of the Code of Civil Procedure, the appellants entered appearance and filed written objection. The application for temporary injunction is fixed on 21^st January 2025.

It would not be desirable to entertain the instant

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appeal as any observations made, though prima facie, shall have an impact at the time of final disposal of the application for temporary injunction.

Since the ad interim order of injunction is operating for a considerable period of time and the fact that the application for temporary injunction is otherwise ready for final disposal, we feel that justice would be sub-served if the application for temporary injunction is decided on the date so fixed.

We, therefore, request the learned Judge in the Trial Court to take up the application for temporary injunction on the date so fixed and shall dispose of the same on the said date; in the event and for unavoidable reason it could not be disposed of on the said date, endeavour shall be shown to dispose of the same within one week therefrom.

With these observations, the appeal and the connected application being CAN 1 of 2024 are disposed of.

For abandon precaution it is hereby made clear that the observations made herein above, if incidentally and accidentally touches upon the merit and/or demerit of the case, shall not have any persuasive impact at the time of disposal of the application for temporary injunction on merit.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)

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