For vs Mr. Samar Das
2023 Latest Caselaw 220 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                             FAO No.01/2021

For Appellant(s)                : Mr. P. Gautam, Advocate,
                                  Mr. Samar Das, Advocate.
For Respondent(s)               : Mr. P. Roy Barman, Sr. Advocate,

Mrs. Sujata Deb (Gupta), Advocate, Mr. Samarjit Bhattacharjee, Advocate, Mr. Kawsik Nath, Advocate.

HON'BLE THE CHIEF JUSTICE (ACTING)

Order 16/03/2023

This Court prima facie has expressed that the order under

challenge dated 06.03.2021 is hit by the doctrine of res judicata as the

earlier injunction application dated 20.05.2020 which has been filed by the

plaintiff was also rejected. Again another application by impleading the

Airport Authority as defendant/respondent, the present injunction application

has been filed and the Court below has granted injunction on 06.03.2021. It

is seen from the record that nowhere either of the counsels or the Court has

dealt with the earlier injunction application which was rejected on

20.05.2020 and during the course of argument when this Court has

expressed its concern with regard to maintainability of the injunction

application which has been filed by the respondent herein, the learned senior

counsel Mr. P. Roy Barman seeks time for placing judgments in support of

his argument to show that as and when there is a change in respondents,

separate applications seeking injunction can be filed and it is not required in

doctrine of res judicata.

To accommodate Mr. Roy Barman, learned senior counsel, list

this matter on 23.03.2023.

CHIEF JUSTICE (ACTING)

Pulak