Kahm Industries Private Limited vs Punalur Paper Mills Limited And ...
2021 Latest Caselaw 3243 Cal

17.06.2021
 KC(1)
                                  F.M.A.T. 377 of 2021
                             KAHM Industries Private Limited
                                        -versus-
                           Punalur Paper Mills Limited and Ors.
                                          With
                                     CAN 1 of 2021
                                          With
                                     CAN 2 of 2021
                                 (Via Video Conference)

             Mr. Ratnanko Banerjee,
             Mr. Sakya Sen,
             Mr. Sumanta Ganguly,
             Mr. Soumya Dev Roy.....................For the appellant.
             Mr. Souradipta Banerjee,
             Mr. Arnab Basu Mallick...............For the respondent

no. 1.

As a very short technical point is involved, we

propose to dispose of this appeal from the judgment and

order dated 21st May, 2021 made by the 6th bench,

learned City Civil Court, Calcutta, in the suit (T.S. No.

613 of 2021), dispensing with all formalities.

The impugned order is an ex-parte ad-interim

order effectively restraining the appellant from

withdrawing any amount from the bank account which

was under their operation under a contract by and

between them and Punalur Paper Mills Limited.

The appellant was neither made a party to the

suit nor given notice of hearing of the interim

application. Moreover, a previous suit between the

appellant and Punalur Paper Mills Limited (T.S. No. 314

of 2021) was mentioned in the impugned order. In that

suit the appellant had claimed inter alia the exclusive

right to operate the bank account.

We are told that the application is to come up for

consideration before the learned judge of the court

below on 19th June, 2021.

The circumstances do not warrant any interim

order to be passed by us.

On the above technical ground alone, we set aside

the impugned order dated 21st May, 2021 and direct the

learned judge of the court below to hear out the interim

application afresh in the presence of and upon hearing

the appellant. The question whether the appellant is to

be added as a party in the suit will be considered by the

learned court below as and when the issue is raised

before it by the parties. All questions are kept open

before the learned court.

We record the submission of learned counsel for

the parties that between the time the interim order was

made and now the bank account has not been operated.

We only observe that during this intervening period

neither party will act in such a manner so as to make

the interim application before the court below

infructuous.

The appeal and the connected applications are

disposed of.

(I.P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)