CHANDAN BHATTACHARJEE Vs. SANJAY KUMAR JAISWAL & ANR

JUDGEMENT

(1.) At the time when the application for stay filed in connection with this appeal was taken up for hearing, we are requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit. We are informed by the learned counsel appearing for the parties that the papers which are necessary for disposal of this appeal, are all annexed to the stay application. On such prayer being made, we have decided to dispose of the appeal itself on merit by dispensing with the requirement of filing paper book in this appeal.

(2.) Learned counsel appearing for the parties have addressed us on the merit of this appeal. In spite of the best effort made by the appellant, service could not be effected upon the proforma defendant/respondent no.2. The proforma defendant/respondent no.2 did neither appear in the court below nor contested the injunction proceeding before the learned trial court. That apart, we find that injunction was sought for by the plaintiff/respondent no.1 against the defendant/appellant. As such for disposal of this appeal, we feel that presence of the proforma defendant/respondent no.2 is not necessary. Accordingly, the instant appeal is taken up for consideration even in the absence of the proforma defendant/respondent no.2.

(3.) Let us now consider the merit of the instant appeal in the facts of the present case.