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CALCUTTA HIGH COURT
Mr. Bhattacharya, ACJ
Aei Engineering Industries Pvt. Ltd. (M/s) v. M/s Linear Merchants Pvt. Ltd.
| Table of Content |
|---|
| 1. court hears appeal against ex parte order. (Para 1 , 2 , 3 , 4) |
| 2. discretion of courts upheld; interventions in certain cases. (Para 5 , 6 , 7 , 8) |
| 3. criteria for interim orders and injunctions outlined. (Para 10 , 11 , 12 , 14 , 15) |
| 4. court's directive for reconsideration of the order. (Para 16 , 17 , 19) |
1. As the point involved is very short, we have heard out the appeal after dispensing with all formalities:
The appellants are aggrieved by an ex parte ad interim order passed by the learned court below restraining them from operating their bank account without leaving a balance representing the claim of the respondent / plaintiff, i.e. Rs. 25,00,000 / (rupees twenty five lakhs)
2. Mr. Bhattacharya, learned Advocate appearing for the appellant submitted that there was no occasion for the court to pass the order ex parte when the suit had been filed on 17th March, 2022 and the respondent / plaintiff had taken numerous adjournments to comply with the procedure for prosecution of the suit.
3. He said on 22 June, 2023 there was no cause for passing the order ex parte.
4. He also points out that the learned Judge merely narrated the case of the respondent / plaintiff in
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