D/L.27.

March 25, 2025.

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MNS FMAT No. 571 of 2023 +

CAN 2 of 2024 Santosh Kumar Dalmia Vs.

Sri Roopesh Kumar Dalmia and others Mr. Swarup Paul, Mr. Abu Siddique Mallik … for the appellant.

1. The present appeal has been preferred against the refusal of a prayer for ad interim order of injunction at the behest of the plaintiff/appellant.

2. The case of the plaintiff/appellant is that by a prior Power of Attorney dated August 16, 1988, the defendants and the mother of the parties appointed the plaintiff as a Constituted Power of Attorney in respect of their shares of the property. However, without cancelling the same, upon the subsequent demise of one of the executants of the original Power of Attorney, a fresh Power of Attorney was executed in favour of the defendant no. 5.

3. Learned counsel for the appellant argues that apart from the said subsequent Power of Attorney being invalid due to non-cancellation of the prior Power of Attorney granted in favour of the plaintiff, which was still subsisting, the subsequent Power of Attorney dated June 15, 2023 is also bad on account of the same having, inter alia, granted power also to deal with a portion of the property which belongs to the plaintiff without the plaintiff being a signatory thereto.

4. On the basis of the pleadings of the injunction application in the trial court, which are only relevant at the ex parte ad interim stage, thus, a sufficient prima facie case for grant of ad interim injunction has been made out.

5. Also, we find from the perusal of the impugned order that the same is devoid of reasons and the only ground attributed to the refusal of the ad interim prayer is that the same cannot be granted without giving opportunity to the other side.

6. Accordingly, we find sufficient prima facie case in favour of grant of injunction.

7. Hence, the appeal is admitted on the grounds taken in the Memorandum of Appeal and shall be heard on the said grounds as well as the grounds as indicated above.

Re: CAN 2 of 2024 (application of injunction and stay)

8. The respondents are hereby restrained by an order of injunction from selling, transferring, alienating and/or dealing with in any manner and/or creating any third party interest in respect of the suit property described in Schedules “A” and “B” of the plaint as well as from acting on the impugned Power of Attorney dated June 15, 2023 registered before the Additional District Sub-Registrar, Cossipore, Dumdum, Registered in Book – 1, Volume Number 1506-2023, pages from 184966 to 184981, being No. 150606347 for the year 2023, till disposal of the application.

9. The appellant/petitioner shall serve copies of the application on the respondents indicating that the application shall next be listed under the appropriate heading on April 21, 2025, when an affidavit-of-service shall be filed by the appellant to that effect.

(Uday Kumar, J.) (Sabyasachi Bhattacharyya, J.)