Umang Goenka vs Vidhan Estates Private Limited & ...
2023 Latest Caselaw 2162 Cal/2

OD-13


                             IA NO. GA 1 OF 2023
                                      IN
                                CS 125 OF 2023
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE


                             UMANG GOENKA
                                   VS.
                  VIDHAN ESTATES PRIVATE LIMITED & ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 21st August, 2023.

Mr. Jishnu Chowdhury, Adv.

Mr. Ratul Das, Adv.

Mr. Sandip Agarwal, Adv.

Mr. Chitresh Saraogi, Adv.

For plaintiff.

Mr. Suddhasatva Banerjee, Adv.

Mr. Souvik Majumdar, Adv.

Ms. Ananya Das, Adv.

For defendants.

The Court : Affidavit of service filed in Court today is taken on record.

In a suit for recovery of money said to have been lent and advanced this

application has been made by the plaintiff incorporating therein the prayers, one

of which is for judgment on admission, another for attachment before judgment

and the other for injunction.

Considering the suit to be for recovery of money lent and advanced and

filed in the Ordinary Original Civil Jurisdiction, the defendants are required to be

afforded an opportunity to disclose their stand on affidavit before passing any

order for judgment on admission or attachment before judgment. So far as the

prayer for injunction is concerned, after considering the submissions made by

the parties and the materials on record, I do not find any scope of passing an ad

interim order of injunction. The matter, therefore, requires to be heard on

affidavits.

Let affidavit-in-opposition be filed by 5th September, 2023; reply thereto, if

any, be filed by 15th September, 2023. Let this matter appear in the list on 20th

September, 2023 under the heading "Adjourned Motion".

(ARINDAM MUKHERJEE, J.)

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