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2001 Supreme(Cal) 97

ALTAMAS KABIR, GORACHAND DE
K. C. GEORGE – Appellant
Versus
GOURI SHANKAR MISHRA – Respondent


Advocates Appeared:
AMITAVA GHOSH, ANIL RAKSHIT, ASHIM ROY, Chako Mathai, PINAKI RANJAN MITRA, SHYAMA PRASANNA ROY CHOUDHURY, Swadesh Ranjan Bhunia

ALTAMAS KABIR, J.

( 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

















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