SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Cal) 1563

SABYASACHI BHATTACHARYYA
Diwakar Ray @ Rai – Appellant
Versus
CESC Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Indranil Halder
For the Respondent: Mr. Rajiv Lall, Mr. Mainak Ganguly, Mr. Dhiraj Kr. Gupta, Mr. Abhishek Singh

JUDGMENT :

1. Learned counsel for the petitioner contends, by placing reliance on the annexure to the affidavit-in-opposition filed by the respondent no.4, along with the annexure to the affidavit-in-reply filed by the petitioner, that although previously the respondent no.4 had obtained an ex parte injunction order allegedly protecting his possession in respect of the disputed property, a subsequent order of injunction was passed by another civil court, where, upon hearing both sides, the court came to the conclusion that the present petitioner is in possession of a portion for the property, which entitles the plaintiff/petitioner to the use of electricity.

2. Learned counsel appearing for the private respondent controverts the allegation as regards the petitioner being in possession and submits that the prior order of injunction was subsisting in favour of the respondent no.4, observing that the said respondent was in possession of the property, when the second injunction order was passed in favour of the petitioner. In such circumstances, allegedly suppressing the same, the present petitioner obtained the order of injunction from the other civil court.

3. It is further apprehended

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top