EASTERN GASES LTD Vs. ICICI BANK LTD

JUDGEMENT

(1.) This first miscellaneous appeal is directed against the judgement and/or order dated 30th January, 2017 passed by the Learned Civil Judge, Senior Division, 2nd Court at Alipore in Title Suit No. 06 of 2017 at the instance of the plaintiff/appellant. By the impugned order, the plaintiff's prayer for ad interim injunction was rejected by the learned Trial Judge as the learned Trial Judge was of the view that no urgency was involved in the matter for which the requirement of service of notice upon the respondent, can be dispensed with before taking of this application for injunction for hearing.

(2.) We admitted this appeal on 2nd August, 2017. After the appeal was admitted, an application for injunction filed by the plaintiff/appellant, an interim order was passed directing the parties to maintain status quo as on the date of the order for a period of four weeks. The said interim order lost its force on 1st September, 2017. Though we are informed that an application was filed by the appellant for extension of interim order but no effective step was taken by the appellant for extension of the interim order.

(3.) Be that as it may, we are informed by Mr. Chatterjee, learned senior advocate appearing for the respondent that the plaintiff's application for temporary injunction has matured for hearing. We are also informed that the parties have already exchanged their affidavits in connection with the injunction proceeding. The plaintiff's application for temporary injunction is fixed for hearing on 1st November, 2017 before the learned Trial Judge.