Poorav Infrastructure Pvt.Ltd And ANR v. Bba Enclave Pvt. Ltd And ORS

20.02.

C.O. 3340 of 2022 AGM Poorav Infrastructure Private Limited & Anr Vs BBA Enclave Private Limited & Ors Mr. Asit Baran Routh, Mr. Tulshi Das Roy, Mr. Tirthankar Roy, ... For the petitioners.

Ms. Soni Ojha, ... For the opposite parties.

While assailing the impugned order dated 29th /RK Ct August, 2022 passed by learned Additional Civil Judge (Senior Division), 3rd Court, Barasat in Title Suit No. 625 of 2020, Mr. Asit Baran Routh, learned advocate appearing for the petitioners submits that the prayer for service of the copy of the plaint as well as the injunction application upon the petitioners, who have been suffering ad interim order of injunction, has been rejected by the Court below.

Admittedly, the petitioners have been suffering ad interim order of injunction.

Ms. Soni Ojha, learned advocate appearing for the opposite parties submits that the copy of the injunction application as well as the copy of the plaint, if not served upon the petitioners, in the meantime, the same may be served shortly doing strict adherence to the provisions of law under Order 39 Rules 3(a) and 3(b) CPC.

Without going into the details, the revisional

application stands disposed of directing the opposite parties to serve copy of this injunction application as well as the copy of the plaint including the annexures being relied upon, while obtaining injunction order, upon the opposite parties forthwith, preferably within seven days from the date of communication to the Court below.

Liberty is given to the petitioners to file written objection against the injunction application before the Court below, if not filed refused by the Court below in the meantime.

Petitioner is also given liberty to file written statement coupled with the show cause before the Court below within seven days from the date of this order.

The acceptance of the written statement may be considered by the Court below, providing sufficient opportunity of hearing to either of the parties to this case.

With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)