DEO KUMAR SARAF Vs. MANGAL KESHAV SECURITIES LIMITED

JUDGEMENT

(1.) This First Miscellaneous Appeal is at the instance of a respondent in a proceeding under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) and is directed against order No. 1 dated 22nd February, 2010 passed by the learned District Judge, North 24-Parganas at Barasat, in Misc. Case No. 38 of 2010 thereby issuing a notice to show cause upon the appellant as to why the prayer of temporary injunction prayed for by the respondent should not be granted and at the same time, also passing an ad interim order of injunction restraining the Appellant from selling the shares as mentioned in the order impugned or withdrawing those from the concerned bank without giving security to the extent of the awarded sum of Rs. 43,38,603.28 paise until further orders fixing 13th April, 2010 for service return.

(2.) Instead of showing cause or filing any application for variation of the said interim order, the respondent in the proceeding under section 9 of the Act has straightway preferred the present appeal before this Court.

(3.) Having regard to the limited scope of this appeal against the order granting ad interim injunction where the appellant has decided to prefer the appeal without showing cause or without disclosing the defence in the trial Court, Mr. Roy Chowdhury, the learned Senior Advocate appearing on behalf of the appellant has advanced a pure question of law as to the jurisdiction of the learned Trial Judge in entertaining the application under section 9 of the Act and granting ad interim order of injunction.