CESC LIMITED Vs. JAIN POLY PLASTICS

JUDGEMENT

(1.) 1. This appeal is preferred against the judgment and/or order being Order No. 36 dated 12th April, 2001 passed by Shri A. Mukherjee, Judge 10th Bench of the City Civil Court at Calcutta in title Suit No. 275/99 by which the learned Judge has allowed the application for injunction filed by the plaintiff/respondent and dismissed the application filed under Order 39 Rule 4 of the Code of Civil Procedure by passing an order of injunction restraining the Calcutta Electricity Supply Corporation Ltd. from dis-connecting the supply line to the plaintiff/respondent till the disposal of the suit.

(2.) We have heard Mr. Bose, appearing for the appellant and Mr. Roychowdhury for the respondent. After hearing he learned counsel for the parties and on going through the materials on record including the impugned judgment under appeal, we are of the view that a slight modification of the said order is required in the facts and circumstances of the case as stated hereinafter.

(3.) From a reading of the order of injunction passed by the Trial Court it appears to us that the Trial Court has passed a blanket order of injunction restraining the defendant/appellant from dis-connecting the supply line of the plaintiff/respondent.