Great Eastern Energy Corporation Ltd v. Gour Mondal And ORS

Ct. 19 Item No.4(VB) 05.11.2020 (suvendu) CO 1396 OF 2020 Great Eastern Energy Corporation Limited Vs.

Gour Mondal & Ors.

(Via Video Conference) Mr. Jishnu Chawdhury Mr. Sachin Sukla Ms. Debdutta Ray Choaudhury Ms. Nandini Khaitan .........for the Petitioner This revisional application is directed against an order dated 19th October, 2020 passed in an application under Section 151 of the Code of Civil Procedure filed in T.S.No. 13 of 2020.

It appears that the learned Court below on 3rd February, 2020 had passed an order of injunction against the defendants restraining them from entering into the well sites as mentioned in the schedule of the plaint. By a further order dated 15th September, 2020, the learned Court below again directed the Officer-in-Charge of Hirapur Police Station to implement the said order on the basis of the prayer of the plaintiff. The plaintiff again approached the Court below with a prayer for direction upon the police to comply with the subsisting order dated 3rd February, 2020 in strictest

sense. The learned Court below, however, after considering the report filed by the police refused to pass any further order as it felt that no further order is necessary since there are subsisting orders. On behalf of the petitioner it is submitted that the Opposite Parties who were at one point of time engaged as security guards in the mines operated by the petitioner after being removed are coming with a mob of villagers to disrupt the ingress and egress to the mines. In the event they are not prevented, the operation of the mines will come to a halt resulting in power shortage as CVM Gas extracted from these mines is used for production of electricity.

After considering the materials on record and the submission made on behalf of the petitioner, I think no further order is necessary at this stage save and except a direction upon the Officer-In-Charge of Hirapur Police Station to see that there is no violation of the subsisting orders of the learned Court below takes place in and around the mines in question.

C.O. 1396 of 2020 is accordingly disposed of. (Arindam Mukherjee, J.)