ALTAMAS KABIR, GORACHAND DE
K. C. GEORGE – Appellant
Versus
GOURI SHANKAR MISHRA – Respondent
( 1 ) THIS appeal is directed against Order No. 2 dated 5th September, 2000, passed by the learned Additional district Judge, Contai, District- Midnapore, in title Suit No. 3 of 2000, granting ad interim order of injunction on the plaintiffs' application for temporary injunction, till the disposal of the said application.
( 2 ) APPEARING for the appellant, Mr. Amitava Ghosh submitted that the impugned order was per se bad having been passed exparte without compliance with the provisions of Rule 3 of Order 39 of the Code of Civil procedure which requires the court to record reasons while granting an ex-parte order of injunction. Mr. Ghosh submitted that the law relating to grant of ex-parte orders of injunction had been clearly explained by the Hon'ble supreme Court, in Shiv Kumar Chadha vs. Municipal Corporation of Delhi and Ors. , and in Morgan Stanley Mutual Fund vs. Kartick das.
( 3 ) MR. Ghosh submitted that in shiv Kumar Chadha's case the Hon'ble Supreme court had observed that before passing an order of injunction the court has to be satisfied that a strong prima facie case has been made out by the plaintiff, including on the question of maintainability o
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.