Vaishali Security Investigation ... vs Gandhi House Tenants Association ...
2022 Latest Caselaw 7139 Cal

28.09.2022
Sl.No. 11
 Ct.No.3
Amalranjan
               IN THE HIGH COURT AT CALCUTTA
                CIVIL APPELLATE JURISDICTION
                       APPELLATE SIDE

                         FMAT 321 of 2022

              Vaishali Security Investigation Pvt. Ltd.
                                 VS
             Gandhi House Tenants Association & Anr.

                              With
                           CAN/1/2022


                 Mr. Abhishek Dutt
                 Ms. Rupa Singh
                                        ...for the appellant/plaintiff


                              Re: CAN/1/2022 (injunction)



                      An affidavit of service is on record.    None

                 appears for the respondents.

We admit the appeal.

The impugned judgment and order dated

29th July, 2022 was passed in an application

under Order 39 Rules 1 and 2 read with Section

151 of the Code of Civil Procedure made by the

plaintiff/tenant.

The returnable date of the said application

before the learned court below was 16th August,

2022.

In the impugned order reliefs for restoration

of facilities earlier enjoyed by the appellant/

tenant like water, electricity etc. were refused. It

appears from the impugned order the reason,

inter alia, given by the learned judge was that a

cheque for Rs. 50,000/- issued by the

appellant/tenant towards maintenance charges

had bounced for insufficiency of funds.

We dispose of this appeal and the connected

stay/injunction application by directing the

learned court below to hear out the said

application as expeditiously as possible in the

presence of the parties.

Till the learned court below is in a position

to hear out the application, the status quo

existing as of today with regard to the facilities

enjoyed by the appellant/tenant shall not be

changed by the respondents.

Furthermore, if the appellant/tenant

deposits Rs. 50,000/- with the respondent/

Association, they will temporarily restore the

water supply, electricity connection of the

appellant/tenant till 18th November, 2022,

subject to further orders that may be passed by

the learned court below.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )