Tewari Warehousing Company. Private Ltd. v. Raka Tewari And ANR

21-05-2024

IN THE HIGH COURT AT CALCUTTA

Item no.5 CD Civil Appellate Jurisdiction Subrata Bhattacharyya AR(C) (Commercial Division) FMAT No.136 of 2024 Tewari Warehousing Company Private Limited -vsRaka Tewari & Anr.

with CAN No.1 of 2024 Mr. Anubhav Sinha Mr. Subhasis Dey Ms. Shruti Shaw Ms. Shilpa Das ...for the appellant Mr. Aniruddha Mitra Ms. Labanyasree Sinha ...for the respondents We have heard learned counsel for the parties. We think that the appeal can be disposed of today for the reasons which are given below.

This appeal is from an ad interim order dated 22nd March 2024 of the learned court below refusing an order of injunction.

It goes without saying that on the returnable date, the parties have to be heard when the learned court is to consider afresh whether to continue the existing impugned order or to pass any interim order as prayed for.

The balance in the matter is maintained by our interim order in the appeal dated 2nd May 2024. In those circumstances, we dispose of this appeal and the connected application - FMAT No.136 of 2024 with CAN No.1 of 2024 - by directing the learned court

below to hear out the interim application in the presence of both the parties at the motion stage within two weeks after 10th June 2024. After such hearing, the learned court will reconsider the interim order to be passed and thereafter proceed to hear out the interim application upon filing of affidavits. All points are kept open before the learned court below.

Our interim order dated 2nd May 2024 will continue till 28th June 2024 or until further order of the learned court below, whichever is earlier.

[I.P. Mukerji, J] [Biswaroop Chowdhury, J]