Sheik Nayemuzzaman and Anr. v. M/S Silver United Construction and Ors.
Case brief
What is this about?
Condonation of delay refused; appeal against refusal of ad interim injunction dismissed as time-barred; limitation and cause of action commence from date of impugned order; ten months elapsed; written objection filed by defendants in Trial Court; injunction application to be decided expeditiously uninfluenced by appeal dismissal; defendants' Order XXIII CPC application may be heard along with injunction application; no order as to costs; Sheikh Nayemuzzaman v. M/s. Silver United Construction; FMAT No. 445 of 2025; Biswaroop Chowdhury J. and Sabyasachi Bhattacharyya J.; May 7, 2026.
What did the court decide?
Both the cause of action for preferring an appeal and the limitation period commence from the very day the impugned order is passed; hence a party claiming urgency could not have waited to see whether the injunction application was disposed of before preferring the appeal.