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Judgment
This first miscellaneous appeal is directed against an order being 02 dated 15th February, 2017 passed by the Learned Judge, 4th Bench, City Civil Court at Calcutta in Title Suit No. 238 of 2017 at the instance of the plaintiff/appellant.
By the impugned order, the plaintiff''s prayer for ad interim order of injunction was refused on the ground of want of urgency.
Let us now consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instant case.
The contract entered into between the plaintiff and the defendants was terminated by the defendants by invoking Clause 15 of the terms and conditions of the said contract. In view of such notice of termination, the contract will stand terminated with effect from 1st April, 2017. The application for temporary injunction was moved by the plaintiff on 15th February, 2017 that is well in advance before the termination actually was due to take effect.
Under such circumstances, the learned Trial Judge refused to pass any ad interim order of injunction for want of urgency.
We sitting in this jurisdiction do not find any unreasonableness on the part of the learned Trial Judge in refusing to pass ad interim order of injunction in the facts of the present case.
However, since the defendants have already entered appearance in this appeal, we are of the view that justice will be subserved, if the disposal of the plaintiff''s application for temporary injunction is expedited.
We thus, direct the defendants to file affidavit-in-opposition to the plaintiff''s application for temporary injunction by 15th March, 2017, reply if any, be filed by the appellant/petitioner by 21st March, 2017.
We request the learned Trial Judge to dispose of the plaintiff''s application for temporary injunction as early as possible preferably by the end of March, 2017 without granting any unnecessary adjournment to any of the parties.
It is made clear that while disposing of this appeal which arises out of an order of refusal to grant ad interim injunction, we have not considered the merit of the petitioner''s application for temporary injunction.
As such, the learned Trial Judge is absolutely free to decide the plaintiff''s application for temporary injunction on its own merit and according to his own wisdom without being influenced by the order passed by us hereinabove.
Both the appeal and the application are thus, disposed of.
Urgent Photostat certified copy of this order, if applied for, be supplied to the Learned advocates for the parties immediately.