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SANJIB BANERJEE, SUVRA GHOSH
RSPL Limited – Appellant
Versus
Simplex Infrastructures Limited – Respondent


Advocates Appeared:
For the Appellant : Mr. Utpal Bose, Mr. Sayan Roy Chowdhury Mr. Phiroze Edulji Mr. Abhishekh Mehta Ms. Mrinalini Majumdar
For the Respondent: Mr. S.K. Kapur Mr. Anirban Ray. Mr. Sourav Ghosh Mr. Prithuraj Sinha Mr. Soumen Ghosh

JUDGMENT :

1. The appeal arises out of an ex parte ad interim order. The scope of such an appeal is very limited. Yet the appellant has something to say in this case, both on account of the quality of the order impugned - or the lack of it - and the injunction that has been issued against what is perceived to be an unconditional bank guarantee.

2. It is the order impugned that requires first attention. The one-page order gives the impression that since a new suit had been filed and a new application had been carried to court by someone who was prepared on the matter, the court felt obliged to grant an order without looking into the facts or complying with the obligations and duty cast upon the court before issuing any injunction. There are sentences that parrot the compliance of a prima facie case having been made out or the plaintiff suffering irreparable injury without a line in support of how the prima facie case was made out or how the plaintiff would suffer irreparable injury if the injunction was not granted. The bank guarantee is not referred to in the order and it would not be a surprise if the bank guarantee was not even read. The issue in the present appeal, or the pretence

























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