MERLIN PROJECTS LIMITED Vs. PRADIP GANGULY

JUDGEMENT

(1.) Unsuccessful plaintiff in Title Suit No. 81 of 1996 pending before the learned Munsiff, 4th Court, Alipore on an application for an injunction has assailed the order of the learned Assistant District Judge in Misc. Appeal No. 186 of 1996 upholding the order of refusal of injunction.

(2.) Brief facts leading to the present revisional application are as follows :

(3.) At the time of execution of Memorandum of Understanding the petitioner has paid Rs. 1,20,000.00 (Rupees one lakh twenty thousand only) pursuant to an Account Payee Cheque No. 570491 dated Dec. 14, 1994 and post dated Cheque was also given to the plaintiff being No. 029241 and 029647 dated 15th March, 1995 for Rs. 1,20,000.00 (Rupees one lakh twenty thousand only) and Rs. 7,000.00 (Rupees seven thousand only) respectively but the aforesaid amount on the post dated cheques had not been withdrawn as yet. The opposite parties did not come forward to execute the agreement in terms of Memorandum of Understanding. Therefore, the petitioner was obliged to file the suit for specific performance of contract and for permanent injunction. The learned trial Court as well as appellate Court were reluctant to grant ex-parte ad interim injunction.