High CourtsDivision Bench(2013) 01 CAL CK 0022

Mr. Shyamal Chakraborty and Mr. Bhushan Jain vs Mr. Probal Kumar Mukherjee and Mr. Sabyasachi Sen

Calcutta High Court · Decided on 14 January 2013

HON’BLE JUDGES
Subhro Kamal Mukherjee, J · Asim Kumar Mondal, J
CASE NUMBER
F.M.A.T. No. 1561 of 2012 and C.A.N. 11652 of 2012

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 226 words
1.

A suit was instituted by the plaintiffs/appellants challenging the authority of the Eastern India Motion Pictures Association recommending the enhancement of the wages of the technicians. It is alleged that such enhancement was arbitrary as members were not consulted.

2.

The learned trial judge, by the order impugned, declined to pass any temporary order of injunction to restrain the defendants to introduce the enhancement complained of.

3.

We do not think that, in the facts and circumstances of the case, the learned trial judge has exercised his discretion erroneously.

4.

We do not find any substance in the appeal.

5.

The appeal is, therefore, summarily dismissed under Order XLI, rule 11 of the Civil Procedure Code.

6.

In view of dismissal of appeal, the application for injunction, filed under C.A.N. 11652 of 2012, becomes infructuous and the same is, also, dismissed.

7.

However, we take this opportunity to request the learned trial judge to dispose of the suit as expeditiously as possible preferably before the commencement of the annual vacation of the civil courts for the year 2013.

8.

We make it clear that the learned trial judge shall decide the issues uninfluenced by his observation made in the order impugned as all the issues are kept open and are to be considered independently in accordance with law. We make no order as to costs.