M/S Baan Ganga Developer And ORS v. Mrityunjoy Dey And ORS

12.12.2022 KC(6) F.M.A.T. 459 of 2022 M/s. Baan Ganga Developer and Ors.

-versusMrityunjoy Dey and Ors.

With CAN 1 of 2022 Mr. Haradhan Banerjee, Mr. Amitava Pain, Mr. Partha Pratim Mukhopadhyay....For the appellants. We admit the appeal.

We are in a position to dispose of it without sending any notice to the respondents.

The appellants claim to be the developers. The respondents/owners as plaintiffs have obtained an order of injunction restraining the appellants/ defendants from proceeding with the construction which is the subject matter of the development agreement.

The initial interim order was passed on 11th December, 2020. The application to vacate that interim order under Order XXXIX Rule 4 of the Code of Civil Procedure was filed on 25th March, 2021. The impugned order was passed on that application on 29th September, 2022, simply extending the interim order. The Order XXXIX Rule 4 application is still awaiting consideration of the learned court.

We are of the view that this application to vacate the interim order should be forthwith heard out by the learned court below upon hearing the parties, by a reasoned order.

We order accordingly.

We request the learned court below to hear out the said application to vacate the interim order along with the interim application within ten weeks of communication of this order. The application to vacate the interim order shall be taken up first. The learned court below shall, at the first instance, consider whether to stay the operation of the continuing interim order or to continue it till the disposal of the said applications.

The appeal (F.M.A.T. 459 of 2022) and the connected application (CAN 1 of 2022) are disposed of accordingly.

(I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.)