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Calcutta High CourtFMAT/138/2024disposed

Md. Imran Siddiqui v. Gufran Mubarak And ANR

2024-05-02Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Uday Kumar1 pages

02.05.2024 (D/L No.13) (SKB) FMAT 138 of 2024 With CAN 1 of 2024 Md. Imran Siddiqui

Versus

Gufran Mubarak and another Syed E. Huda, Sk. Aptabuddin, Mr. Nabeela Akbar ... for the appellant.

1. Though the matter is appearing under the heading "Application", we are constrain to take the same for final disposal, especially in view of the nature of the order passed by the learned court below.

2. Heard learned counsel for the appellant. The appeal is directed against the order dated 10th April, 2024 passed by the learned Judge, Bench-III, City Civil Court at Calcutta.

3. The impugned order being a laconic order devoid of any reasons and rationale. We set aside the same without awaiting for appearance of respondents/defendants in the matter and remit the same to the court below.

4. Learned court below is directed to rehear the matter afresh and pass order in accordance with law as to on what ground/grounds the ad interim injunction, sought for, has been allowed or refused.

5. With the aforesaid observation, the appeal is disposed of. The application being CAN 1 of 2024 is also disposed of.

(Chitta Ranjan Dash, J.) (Uday Kumar, J.)