Abdul Kalam @ Abul Kalam And Ors vs Magnet Construction Private ...
2022 Latest Caselaw 4750 Cal

25.07.2022
 KC(8)

                             F.M.A.T. 299 of 2022
                      Abdul Kalam @ Abul Kalam and Ors.
                                    -versus-
                   Magnet Construction Private Limited and Ors.
                                      With
                                 CAN 1 of 2022




             Mr.   Jishnu Chowdhury,
             Mr.   Partha Chakraborty,
             Mr.   Debayan Ghosh,
             Mr.   Jhanis F.C.,
             Mr.   Ritoban Sarkar........................For the appellants.

             Mr. Haradhan Banerjee,
             Md. Nurul Haque,
             Sk. Afrojul Haque........................For the respondents.

We are in a position to dispose of the appeal and

the stay application today, dispensing with all

formalities.

The principal ground of the appellants is that an

order of injunction is being continued by the learned

City Civil Court not having any territorial jurisdiction

over the subject matter.

Mr. Chowdhury, learned advocate appearing for

the appellants refers to our judgment and order dated

5th June, 2022 directing the learned court below to

decide this point at the 'Motion' stage before continuing

the interim order. He submits that adjournments have

been granted by the learned court below extending the

interim order before deciding the point.

The interim application is posted before the

learned trial court today (25th July, 2022) at 3.00 P.M.

We request the learned judge to decide the

question of territorial jurisdiction prima facie with

reasons before considering further continuance of the

interim order. The interim application is to be disposed

of as early as possible preferably within 5 weeks from

today without granting any unnecessary adjournment.

The appeal (F.M.A.T. 299 of 2022) and the

connected application (CAN 1 of 2022) are disposed of.

(I.P. MUKERJI, J.)

(SUBHENDU SAMANTA, J.)