PUNJAB NATIONAL BANK Vs. SALIM MIAN

JUDGEMENT

(1.) AMITAVA Lala, J. Since the appeal is heard on the question of law, we have not called for the record and the appeal is proceeded on the informal papers by the consent of the parties.

(2.) THIS appeal is arising out of an interim injunction order dated 18th November, 2002 in favour of the respondents against the demand notice issued under the provisions of U. P. Public Money (Recovery of Dues) Act at the instance the appellant Bank. At the time of the passing of the order, the Court has considered about the payment of substantial amounts. In any event it appears from the record that the Bank appeared in the proceedings but possibly on the fateful day due to non-availability of notice the representative of the Bank did not appear when an ex parte order of injunction was passed by the Court below.

(3.) FROM perusal of the aforesaid decision it is crystal clear that the bank can avail opportunity of appeal either being unsuccessful to get the ex parte injunction order discharged, varied or set aside in terms of Order XXXIX, Rule 4 C. P. C. or straightway.