Gauhati High Court
Page No.# 1/5 vs Pheros And Co. Assam Pvt. Ltd on 4 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010013822025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : FAO/5/2025
THE ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPORATION AND 2 ORS
REPRESENTED HEREIN BY ITS MANAGING DIRECTOR, ADDRESS OFICE
OF THE THE ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPORATION, INDUSTRIAL ESTATE, BAMUNIMAIDAM, GUWAHATI
781021, DIST KAMRUP M ASSAM
2: THE MANAGING DIRECTOR
ADDRESS OFICE OF THE THE ASSAM INDUSTRIAL INFRASTRUCTURE
DEVELOPMENT CORPORATION
INDUSTRIAL ESTATE
BAMUNIMAIDAM
GUWAHATI 781021
DIST KAMRUP M ASSAM
3: THE DEPUTY GENERAL MANAGER (HR)
ADDRESS OFICE OF THE THE ASSAM INDUSTRIAL INFRASTRUCTURE
DEVELOPMENT CORPORATION
INDUSTRIAL ESTATE
BAMUNIMAIDAM
GUWAHATI 781021
DIST KAMRUP M ASSA
VERSUS
PHEROS AND CO. ASSAM PVT. LTD.
A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES
ACT, 1956 HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF
BUSINESS SITUATED AT INDUSTRIAL ESTATE, BAMUNIMAIDAM,
GUWAHATI 781021, DIST KAMRUP M ASSAM . REP. BY ITS DIRECTOR SRI
SAMRISH SINGH
Page No.# 2/5
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
Advocates for the appellant(s) : Mr. S Chamaria
Advocates for the respondent(s) : Mr. J Sharma
Mr. G Kakati
Mr. A Pator
Date of hearing & judgment : 04.02.2025
JUDGMENT & ORDER(ORAL)
Heard Mr. S Chamaria, the learned counsel appearing on behalf of the
appellants. Mr. J Sharma, the learned counsel appears on behalf of the
respondent.
2. This is an appeal filed under Order XLIII Rule 1 (r) read with Section 104 of
the Code of Civil Procedure, 1908 (for short, the Code), challenging the order
dated 10.01.2025 whereby the Court of the learned Civil Judge (Senior Division)
No.2, Kamrup(M) Guwahati had passed an ad-interim injunction order in Misc.
(J) Case No.33/2025 arising out of Title Suit No.16/2025, thereby directing that
status-quo be maintained over the suit premises till the filing of the written
objection of the opposite party. Further to that, it is also observed that both the
parties are directed to maintain status-quo over the suit premises as on
10.01.2025, till the next date.
Page No.# 3/5
3. The learned counsel appearing on behalf of the appellants had submitted
that the learned Trial Court did not consider the submissions so made as
regards the huge amounts payable by the plaintiff to the appellants and as such
was not entitled to any protection by way of an injunction. The learned counsel
appearing on behalf of the appellants further submitted that the learned Trial
Court had granted a vague status-quo order, meaning thereby that the status-
quo order has been granted in respect to the suit premises thereby injuncting
the appellants to take recourse to law, which otherwise is permissible. The
learned counsel specifically submitted that the settled position of law deprecates
granting of vague status-quo orders.
4. Per contra, Mr. J Sharma, the learned counsel appearing on behalf of the
plaintiff/respondent had submitted that the appellant has come before this
Court at a stage where only a ad-interim temporary injunction had been passed
and the appellants without filing their written objection cannot urge all these
grounds before this Court. The learned counsel appearing on behalf of the
plaintiff/respondent further submitted that the appellants ought to have filed
their written objection and thereupon can raise all these grounds.
5. This Court had given an anxious consideration to the materials on record,
including the order dated 10.01.2025. From a perusal of the order dated
10.01.2025, it is seen that the respondent herein who is the plaintiff had
apprehended that he would be dispossessed on the basis of the notice dated
29.11.2024 and, as such, the learned Trial Court had observed that if the
injunction is not granted and in the event the plaintiff/respondent herein is
dispossessed from the suit premises, the plaintiff/respondent herein as well as
Page No.# 4/5
the employees working in the industrial unit would definitely tend to suffer loss.
It is the opinion of this Court that the status-quo order has to be construed as
the status-quo only as regards the possession over the suit premises of the
respondent herein and not in relation to other aspects. It would further not
disentitle the appellant to take recourse to other provisions of law, if otherwise,
permissible.
6. Be that as it may, this Court further finds it relevant to take note of that the
next date is fixed on 06.03.2025 and taking into account the provisions of Order
XLIII Rule 3 A of the Code, this Court is of the opinion that as the ad-interim
injunction order passed, the learned Trial Court ought to have fixed the date
within a period of 1(one) month from the date of issuance of the ad-interim
injunction. However, it is seen that the next date is fixed on 06.03.2025 and the
learned counsel appearing on behalf of the appellants has expressed extreme
urgency in the matter.
7. Taking into account the above, this Court had put a specific query upon Mr.
S Chamaria, the learned counsel appearing on behalf of the appellants as to
within what time the appellants would be in a position to file the reply to the
injunction application. The learned counsel appearing on behalf of the
appellants submits that within 10(ten) days from today, the written objection
can be filed to the injunction application. Accordingly, with the clarifications
made hereinafter, this Court without entering into the merits as regards the
entitlement of the injunction or not, disposes of the instant appeal thereby
directing the appellants herein to file their written objection on or before
14.02.2025.
Page No.# 5/5
8. This Court further directs the learned Trial Court to dispose of the said
injunction application at the earliest and not later than 06.03.2025.
9. The observation(s) so made hereinabove shall not in any manner affect the
merits of the injunction proceedings inter se between the parties.
10. With the above, the instant appeal stands disposed of.
JUDGE
Comparing Assistant
