BENSAL TEA WAREHOUSE Vs. FALAKATA INDUSTRIES LTD

JUDGEMENT

(1.) The appeal has come up before us for admission under Order 41, Rule 11 of the Code of Civil Procedure, on being mentioned, on behalf of the appellants. Since there was a Caveat, copy of the proposed application in connection with the appeal for interim order as also the supplementary affidavits, which we direct, would form part of the said application, had been served on the learned Advocate filing the Caveat and, accordingly the caveators are represented by their learned Advocate before us at the time of hearing of the appeal for admission and the application.

(2.) We have heard out the appeal and the application together after admitting the appeal.

(3.) Since, admittedly, the application for injunction is pending consideration by the Trial Court upon contest, we proposed to hear out the First Miscellaneous Appeal, and the connected application for interim order together finally and the learned counsel, representing the parties, have, indicated their 'No objection' to such a procedure. We have, accordingly, heard out the appeal and the application after dispensing with all formalities including those relating to the preparation of paper book. Separate service of notice of appeal has also been waived by the learned Advocates, appearing for the plaintiffs/ respondents. So far as other defendants/respondents are concerned, in our view, as regards dispute involved in the appeal they are not necessary parties and, therefore, we dispense with service of notice on them also of the appeal and the connected application.