South Eastern Coalfield Limited v. A.Bc.B. (India) Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (227) No. 954 of 2018

1. South Eastern Coalfield Limited Through Its General Manager, SECL, Dipka Area, Police Station - Dipka, Tahsil & District - Korba, Chhattisgarh.

2. Chairman Cum Managing Director South Eastern Coalfield Limited, Seepat Road District - Bilaspur, Chhattisgarh. ---- Petitioners

Versus

1. A.BC.B. (India) Limited Registered Office C-102 New Multan Nagar, Rohatak Road, New Delhi 11056, Local Office - Dipka Washari Police Station - Gevra, Tahsil & District - Korba, Chhattisgarh. Through Its Director Shyam Sundar Verma S/o L Satyanarayan Prasad Verma, Aged 57 Years Office Chakabuda, Police Station - Jawali, Tahsil - Katghora, District - Korba, Chhattisgarh.

---- Respondents For Petitioners :

Shri H.B. Agrawal Sr, Advocate & Shri Vinod Deshmukh.

For Respondent :

Shri V.K. Dubey, Advocate & Shri Amrito Das, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/11/2018

1. By the impugned the trial Court has granted temporary injunction under Order 39 Rule 1 & 2 of Code of Civil Procedure against petitioners- SECL herein, against which, this writ petition has been preferred.

2. I have heard learned counsel for the parties and perused the impugned order.

3. In the considered opinion of this Court, the order granting temporary injunction under Order 39 Rule 1 & 2 of C.P.C is appealable under Order 43 Rule 1 (r) of C.P.C, hence, this writ petition cannot be entertained.

4. It is held to be not maintainable and accordingly, it is dismissed. However, the petitioners are at liberty to prefer an appeal in accordance with law. Certified copy of the impugned order be returned to the learned counsel for the petitioners, after furnishing duly attested copy thereof. No costs. Sd /- (Sanjay K. Agrawal) Judge Jamal