Raakesh Rathore v. Vardhman Sethia

AD-06 Ct No.16 10.12.2025 TN SMAT 1 of 2024 IA No: CAN 1 of 2025 Raakesh Rathore Vs.

Vardhman Sethia Mr. Biplab Ranjan Bose, Mr. Souvik Sarkar .....for the appellant

1. Learned counsel for the appellant submits, rightly, that instead of a revisional application under Article 227 of the Constitution of India, a second miscellaneous appeal has been filed erroneously. Hence, the appellant seeks to withdraw the appeal with leave to file a revisional application instead against the impugned order.

2. We find that the impugned order is in the nature of an injunction order passed in a miscellaneous appeal under Order XLIII of the Code of Civil Procedure and, as such, no second appeal is maintainable against such order in law.

3. Accordingly, SMAT 1 of 2024 is dismissed as withdrawn, with liberty to the appellant to file an appropriate challenge against the impugned order before the appropriate forum/court.

4. Liberty is also granted to the learned Advocate-onrecord for the appellant to take back the certified copy

of the impugned order upon furnishing a photocopy thereof for the records.

5. CAN 1 of 2025 stands disposed of accordingly.

6. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.) (Supratim Bhattacharya, J.)