Ct vs 7 Gurvinder Singh
2022 Latest Caselaw 1995 Cal

17 13.04. C.O. 797 of 2022

AGM /RKB Siddhant Haralalka Ct Vs 07 Gurvinder Singh

Mr. Shuvasish Sen Gupta, Mr. Balarko Sen, Mr. Amitabh Ray, ... For the petitioner.

Petitioner assails the appellate judgment and

order dated 8th December, 2021 passed in Misc. Appeal

No. 78 of 2020 against the rejection of prayer for ad

interim order of injunction.

Mr. Shuvasish Sen Gupta, learned advocate

appearing for the petitioner/plaintiff submits that

against the rejection of prayer for ad interim order of

injunction, an appeal was then carried and favoured

with an order of status quo. Such status quo order

continued for a considerable period of time. With the

disposal of this Misc appeal, declining to pass any ad

interim order of injunction, the order of status quo has

already been vacated.

It is further contended by the learned advocate for

the petitioner that since there has been a restaurant

business run by the petitioner/plaintiff, pursuant to an

agreement already entered into between the parties for

some stipulated period of time, mentioning a locking

period therein, status quo order is necessary to proceed

with restaurant business.

It is further submitted that before the expiry of

the locking period of the agreement, the agreement has

been terminated making infraction of the provisions of

law.

The suit was admittedly instituted in the year

2020. In connection with the Misc Appeal, by order

dated 21st October, 2020, the petitioner was favoured

with an order of status quo in respect of the possession

over the suit property, which ultimately got vacated on

8th December, 2021.

When there is a restaurant business still

operative in the suit property, an order of status quo is

necessary at least for a limited period of time, as

interim protection, pending decision of this revisional

application.

Petitioner is directed to serve the copy of

application upon the opposite party, and his learned

advocate appearing in the Court below by speed post

with A/D, and furnish affidavit-of-service on the next

returnable date.

Both the parties are directed to maintain status

quo in respect of the possession of the suit property till

the end of July 2022 or until further order whichever is

earlier.

Matter to appear in the list under the heading

'Hearing' in the first week of July 2022.

(Subhasis Dasgupta, J)