Cygnus Equipments And Rentals Pvt Ltd v. Takhellambam Swami Singh And ANR

04.08.2025 Item No.51.

Court No.06.

S. De 265719 C.O. 4188 of 2024 Cygnus Equipments & Rentals Private Limited.

Vs Takhellambam Swami Singh & Anr.

Mr. Dwaipayan Basu Mallick, Mr. Subhankar Chakraborty, Mr. Saptarshi Bhattacharjee, Ms. Sayani Gupta, Ms. Harshita Nath, ...for the petitioner.

Learned advocate appearing for the petitioner submits that the application, praying for taking up the application for amendment of plaint prior to the hearing of the injunction application stood rejected by the impugned order.

After some argument, he submits that the petitioner shall take steps for withdrawal of the application for temporary injunction before the learned Trial Judge.

The petitioner will be at liberty to take appropriate steps before the learned Trial Judge in accordance with law for withdrawal of the application for temporary injunction.

It appears from the impugned order that the application praying for taking up the amendment application for amendment prior to the hearing of

injunction application was rejected only on the ground that the injunction application was heard in part. In the light of the submission made by the learned advocate for the petitioner, this Court feels that if the injunction application is allowed to be withdrawn, there cannot be any embargo upon the learned Trial Judge to take the hearing of the amendment application.

With the above observations, C.O. No.4188 of 2024 stands disposed of.

(Hiranmay Bhattacharyya, J.)