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Calcutta High Court · body

2017 DIGILAW 82 (CAL)

Bablu Routh v. Group General Manager, IRCTC

2017-01-16

ISHAN CHANDRA DAS, JYOTIRMAY BHATTACHARYA

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Jyotirmay Bhattacharya, J. : 1. This appeal will be heard. 2. Lower court records need not be called for. 3. The respondents are represented by the learned advocate. Re: CAN 11375 of 2016 4. This application for interim injunction was taken up for hearing after the admission of the appeal. We are requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit on the basis of the materials available before us. 5. We are informed that all relevant papers necessary for disposal of the appeal are annexed to the stay application. 6. Under such circumstances, we have decided to dispose of the appeal itself on merit. 7. By the impugned order, the ad interim order of injunction passed by the learned Trial Judge in favour of the plaintiff/appellant was vacated and the application for temporary injunction filed by the plaintiff/appellant was rejected. 8. The legality and/or propriety of the said impugned order is under challenge in this appeal at the instance of the plaintiff/appellant. 9. On perusal of the impugned order, we find that no reason has been supplied by the learned Trial Judge while passing the impugned order. The impugned order is absolutely nonspeaking order. Such an order is regarded as non est order. 10. We are unable to retain this order on record. 11. The impugned order thus, stands set aside. 12. We remand this matter back to the learned Trial Judge for fresh consideration of the plaintiff’s application for injunction and the application under Order 39 Rule 4 of the Code of Civil Procedure, filed by the defendants. 13. The learned Trial Judge is, thus, requested to pass a reasoned order in support of his conclusion. 14. Both the appeal and the applications are thus, disposed of. 15. Urgent Photostat certified copy of this order, if applied for, be supplied to the Learned advocates for the parties immediately.