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2016 DIGILAW 761 (CAL)

Bridge & Roof Co. (India) Ltd. v. Aien Meren Enterprises

2016-09-28

ISHAN CHANDRA DAS, JYOTIRMAY BHATTACHARYA

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JUDGMENT : Jyotirmay Bhattacharya, J. 1. Leave is granted to the learned advocate-on-record of the appellant to rectify the defect in the memorandum of appeal in terms of the report of the Stamp Reporter. 2. This appeal will be heard. 3. The lower court records need not be called for. 4. Since Mr. Bhattacharya, learned advocate has already entered appearance on behalf of the respondent, service of notice of appeal upon the respondent is dispensed with. 5. The appeal is thus, treated ready as regards service. 6. Immediately after the appeal was admitted, we were requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit. 7. Accordingly, we have decided to hear out the appeal on merit. 8. By the impugned order being No. 2 dated 24th August, 2016, the learned Trial Judge restrained the defendant/appellant from opening and/or finalising the tender bearing No. EOI.B & R/HO/CAU/BUILDING/51042-45/CW/01 without allowing the plaintiff- petitioner to participate in the financial bid for a period of three weeks. The plaintiff was directed to serve copy of the injunction application along with the affidavit and copy of the plaint and documents relied upon the defendant. 9. The legality of the said ad interim order of injunction is under challenge in this appeal. 10. The ad interim order of injunction lost its force on 14th September, 2016. As such, we are of the view that the instant appeal has now become infructuous. 11. Accordingly, we dispose of this appeal without entering into the merit thereof by holding that the same has now become infructuous. 12. Both the appeal and the application are thus, disposed of.