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1999 Supreme(Cal) 163

RUMA PAL, MALAY KUMAR BASU
NEPC MECON LIMITED – Appellant
Versus
MAGMA LEASING LIMITED – Respondent


Advocates Appeared:
DILIP KUMAR PATTANAYAK

R. PAL, J.

( 1 ) THE questions involved in this appeal are whether the provisions of Order 39 Rule 3 of the Civil Procedure Code as amended in 1976 apply to the Original Side of this court and, if so, what is the effect of such application. Is an order which is passed without complying with Order 39 Rule 3 of the Code void ?

( 2 ) THE questions have arisen in connection with ex parte ad interim orders passed by the learned single Judge taking interlocutory matters on 8th March 1999 and 15th March 1999. Both the orders were passed on te application of the respondent No. 1. The respondent No. 1 filed a suit against the appellant and the respondent No. 2 claiming inter alia a decree for Rs. 5,00,52,810 on account of hire instalments in respect of live wing turbine generators. According to the respondent No. 1 it had advanced an amount of Rs. 5,15,00,000 to the appellant and the respondent No. 2 to purchase the five wind turbine generators whic were inturn hired out by the respodent No. 1 to appellant and the respodent No. 2 byfive separate lease agreemens. The wind turbine generators were to be installed in Coimbatore in Tamilnadu. The total amount repayable by the appellant and the
































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