M/S Laha Properties Pvt. Ltd. v. Cesc Ltd.

F.M.A.T. 912 of 2010 with CAN 1 of 2010 + CAN 2 of 2010 18.07.2022 Ct. No. 8 SB In the matter of : M/s. Laha Properties Pvt. Ltd. Mr. Debanjan Mukherjee .... For CESC.

This matter appeared in the warning list on 6th July, 2022 and continued to appear in the list until it was transferred to the daily cause list today.

None appears on behalf of the appellant, nor any accommodation is prayed for on behalf of the appellant. The appeal is arising out of an order passed by the 3rd Bench, City Civil Court at Calcutta on 27.01.2010 in connection with an application under Order XXXIX Rule 1 of the Civil Procedure Code filed on 07.6.2001. The learned Trial Judge refused to pass any order of injunction in favour of the appellant. It appears from the record that the learned Trial Judge after having arrived at a finding that the plaintiff had suppressed the installation of Meter No. 1218775 at 7, C.R. Avenue, Calcutta - 72 in the name of Bhavendra Kumar Laha and dismissed the said application. No prima facie case either was made out by the plaintiff.

We do not find any reason to interfere with the said order. Accordingly, the appeal and applications are dismissed without any order as to costs.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)