SBI HOME FINANCE LTD Vs. PRABIR CHATTERJEE

JUDGEMENT

(1.) The appeal is admitted. This case emanated from an order passed by the learned Seventh Civil Judge (Senior Division), Alipore wherein the learned Judge passed an interim order of injunction overlooking the basic provisions of law as also the well-settled principles settled by the apex Court in granting ad interim order of injunction.

(2.) The facts of this case are briefly stated hereinafter.

(3.) The respondents availed credit facilities from the appellent in respect of a civil construction project, namely 'Diamond Tower'. The case of the respondent before the Alipore Court was that an agreement was entered into by and between the parties with regard to repayment of the loan amount. Despite such agreement being entered into by and between the parties, the appellant herein made a demand through its advocates and threatened legal proceedings in case of default.