Ct. 8 vs Ashvin Vrajlal Shah & Ors
2023 Latest Caselaw 3466 Cal

SAT 380 of 2015 Item-21. CAN 1 of 2015 (old CAN 7820 of 2015) 16-05-2023

sg M/s. Merlin Projects Ltd.

Ct. 8 Versus Ashvin Vrajlal Shah & Ors.

The appellant is not represented nor any accommodation is

prayed for on behalf of the appellant.

The matter initially appeared in the warning list on 6 th

March, 2023 and thereafter transferred to the regular list on 21 st

March, 2023. There was a clear indication in the list that the

matter shall be transferred to the daily cause list on 21st March,

2023 and since then, the appeal is appearing in the list. In spite of

having due notice and knowledge that the matter is pending, the

appellants are not represented. The appellants have also not taken

any step to remove the defects as notified by the Additional Stamp

Reporter on 10th August, 2015. It is clear that the appellant is not

interested to proceed with the matter.

The judgment dated 8th May, 2015 passed by the learned

Civil Judge (Senior Division), 8th Court at Alipore is the subject

matter of challenge in this appeal.

The appeal is arising out of refusal to pass an ad-interim

order of injunction.

We do not find any reason to interfere with the discretion

exercised by the learned Trial Court to the refusal to pass any ad-

interim order of injunction in Title Suit No. 8 of 2015.

Under such circumstances, the second appeal stands

dismissed. However, there shall be no order as to costs.

In view of the dismissal of the appeal, the connected

application shall also stand dismissed.

   (Uday Kumar, J.)                           (Soumen Sen, J.)