Calcutta High Court
Kishan Mimani vs Indu Kocher & Ors on 11 May, 2010
Author: Maharaj Sinha
Bench: Maharaj Sinha
CS No. 510 of 1993
GA 1460/2010
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
KISHAN MIMANI
Versus
INDU KOCHER & ORS.
Mr. U. Bose, Adv. appears.
Mr. D. Basak, Adv. appears.
BEFORE:
The Hon'ble JUSTICE MAHARAJ SINHA
Date : 11th May, 2010.
The Court : After hearing the submissions of Mr. Utpal Bose, learned counsel appearing in support of this application, and the submissions of Mr. Basak, learned counsel appearing on behalf of the defendants nos.1, 2 and 4, as prayed for by Mr. Basak, the following direction is given for using affidavits for hearing of this application on merits.
Let the affidavit in opposition be used by June 11, 2010. The affidavait in reply be filed by June 18, 2010.
Let the matter appear along with the suit on June 22, 2010 under the heading "Old Suits". The application, however, will be treated as a partly heard application.
Mr. Bose, however, insists that at least an ad interim protection by way of injunction should be given in his favour at this stage. However, having considered the prayer of Mr. Bose and keeping the doctrine of lis pendens in mind, no ad interim order is made at this stage. However, this is without prejudice to the rights, if any, of the petitioner in the pending application for interim protection.
2
All parties concerned are to act on a photostat signed copy of this order on the usual undertakings.
(MAHARAJ SINHA, J.) tk