Ramendra Kumar Roy v. Deb Kumar Dey And ORS

25.07.2022 KC(6-7) F.M.A.T. 197 of 2022 Ramendra Kumar Roy -versusDebkumar Dey and Ors.

With CAN 1 of 2022 With F.M.A.T. 228 of 2022 Ramendra Kumar Roy -versusDebkumar Dey and Ors.

Mr. Suddhasatwa Banerjee, Mr. Supratic Roy, Ms. Sneha Dutta........................For the appellant. Mr. Tushar Kanti Mukherjee, Mr. Manojit Pal...........................For the respondents. We are told today that the injunction application is posted for hearing before the learned court below tomorrow (26th July, 2022). The appellant has also filed an application under Order XXXIX Rule 4 of the Code of Civil Procedure for discharge of the ex-parte interim order.

Mr. Banerjee, learned advocate appearing for the appellant submits that the Order XXXIX Rule 4 application be treated as an objection to the injunction application and dealt with by the learned court below. Let the injunction application together with the Order XXXIX Rule 4 application be taken up for consideration by the learned trial judge tomorrow (26th July, 2022).

We leave it to the learned court to pass appropriate directions for hearing of these two applications together so that both are disposed of by a common order within five weeks from date.

Both the appeals (F.M.A.T. 197 of 2022 and F.M.A.T. 228 of 2022) and the connected application (CAN 1 of 2022) are disposed of.

(I.P. MUKERJI, J.) (SUBHENDU SAMANTA, J.)