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M/S STAR BRICKS FIELD versus STATE BANK OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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M/S Star Bricks Field v. State Bank Of India And Others - WRIT - C No. 12205 of 2006 [2006] RD-AH 4863 (1 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the parties.

The order dated 28.1.2006 whereby the trial court had issued notice to the defendant respondents upon the application for temporary injunction, is under challenge.

Learned counsel contends that since no exparte interim order was passed by the court below there was extreme hardship and in the circumstances as available in the present case, such order should have been passed because the suit for injunction is to restrain the respondents defendants from recovery of the loan amount, which has already been paid back in full.

As regards the impugned order, it is just an order issuing notice to the other party for counter affidavit to contest the temporary injunction matter. The petitioner plaintiff is claiming repayment in full and that is such a matter, which has to be seen by the trial court. Therefore, I do not find any propriety of filing this writ petition against the impugned order. However, lest the matter of temporary injunction gets delayed, it is hereby observed that the trial court will take up the proceeding and dispose of the temporary injunction matter on the date already fixed in the case. No adjournment at the instance of either of the parties should be given. The respondents defendants, who are represented through counsel in this petition, shall file their counter affidavit within the next week. Rejoinder affidavit, if any, thereafter be filed within three days.

The writ petition stands disposed of, as above.

01.03.2006

gp/12205


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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