USHA MARTIN TELEKOM LIMITED Vs. AJIT KUMAR MALLICK

JUDGEMENT

(1.) THIS application is made on 11th of April, 2000. This is an interlocutory application arising out of the aforesaid commercial suit. In the instant application, the petitioner prayed for the following reliefs:

(2.) AT the interim stage, a Single Bench of this Court was pleased to direct to adjudicate the matter on affidavits on adjourned date and passed a limited order that the petitioner shall be entitled to attend the machinery and equipment for the purpose of maintenance upon notice to the defendant -respondent as and when the petitioner would consider it necessary. There was a prior suit instituted by the defendant -respondent on 23rd March, 2000 in the Court of Civil Judge, Junior Division 3rd Court at Sealdah. 24 -Parganas (North) being T.S. 90 of 2000 claiming inter alia as follows:

(3.) IMMEDIATELY after filing of the suit, on 24th March, 2000, the respondent made an application under Sec. 144(2) of the Code of Criminal Procedure in the Court of Learned Executive Magistrate at Bidhan Nagar, 24 -Parganas (North) in which a direction was obtained to maintain peace in between the parties in respect of premises in question. Subject to enquiry a report will be filed by the appropriate Police authority. On 24th April, 2000 a further interim order was passed directing the plaintiff -petitioner herein not to do any unlawful act in the premises. Both the parties were directed to maintain peace and tranquility in the premises.