( 1 ) M/s. Namdang Tea Co. Ltd. (the respondent No. 1 herein) claims to be a monthly tenant under Smt. Juthika Chowdhury the appellant No. 2, in respect of the ground floor flat at premises No. 11/1, Sunny Park, P. S. Ballygunj, Calcutta. On May 2, 1985 the said company moved before Hon'ble Mr. Justice Bhagabati Prasad Banerjee a writ application, inter alia, praying that the purported plan sanctioned by the Calcutta Municipal Corporation Authorities in regard to the construction of a building at Premises No. 11/1, Sunny Park be cancelled and/or quashed and also for commanding the Calcutta Municipal Corporation Authorities to withdraw or recall or rescind the said plan. Bhagabati Prasad Banerjee, J. directed the petitioner to serve the copies of the writ petition on the respondents and in the meantime granted an ex parte interim order in terms of prayer (e) of the writ petition recording that he was passing the said ex parte interim order after taking into consideration the judgment passed by Suhas Chandra Sen, J. in C. R. No. 15147 (W) of 1981 dated April 23, 1982.

( 2 ) BEING aggrieved by the said ex parte interim order of injunction, inter alia, restraining them