Laser Power And Infra Pvt. Ltd. v. Sayantan Kumar Shroff And ORS

14.08.2023 Sl. No.125(DL) srm C.O. No. 2632 of 2023 Laser Power & Infra Pvt. Ltd.

Versus

Sayantan Kumar Shroff & Ors.

Mr. Sanjoy Bose, Mr. Priyankar Basu Mallick ...for the Petitioner.

An order of ad interim injunction passed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, is under challenge.

The learned Advocate tries to impress the Court with regard to the illegality in the said order. However, the Code of Civil Procedure specifically provides that the order impugned is an appealable order. Hence, when there is a specific provision by way of an appeal, revision would not lie. Thus, the revisional application is not entertained and the same is dismissed.

The petitioner is always at liberty to either prefer an appeal or to contest the injunction application by filing a written objection, and requesting the learned court below to dispose of the injunction application expeditiously. There shall be no order as to costs.

The petitioner is at liberty to take back the certified copy of the order impugned, upon furnishing a photocopy thereof. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)