Meenakshi Goenka vs Manoj Kumar Bhagat
2023 Latest Caselaw 2163 Cal/2

OD-9


                              IA NO. GA 1 OF 2023
                                       IN
                                 CS 121 OF 2023
                       IN THE HIGH COURT AT CALCUTTA
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE


                               MEENAKSHI GOENKA
                                      VS.
                              MANOJ KUMAR BHAGAT


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 defendant.

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 defendant is required to be

afforded an opportunity to disclose his 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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