B.Bhattacharya, J. - (1.) This is an application for recalling my order dated June 24, 1999 passed in A.S.T. No. 2244 of 1999 by which I rejected the said revisional application under section 115 of the Code of Civil Procedure preferred against Order No. 9 dated June 3, 1999 passed by the learned Judge, 3rd Bench, City Civil Court, Calcutta in Title Suit No. 2056 of 1998 as not maintainable.
(2.) The present petitioner instituted the aforesaid Title Suit No. 2056 of 1998 for declaration and injunction and in the said suit filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure thereby praying for the following reliefs :- "(a) Mandatory injunction be issued directing the opposite party Nos. 1 & 2 to issue a debentures certificate in the name of the petitioner after transferring the same from the earlier holders of the Debentures. (b) Temporary injunction be issued restraining the Opposite Party Nos. 1 & 2 from issuing any debenture and/or paying the financial and other benefits to any person other than the petitioner in respect of the said debentures and to stop transfer of the fresh debenture certificate issued by the opposite Party No.2 to the transferors. (c) Ad-interim Order in terms of prayer (a) & (b). (d) Cost of the application. (e) Such other order or orders as the learned court may deem fit and proper."
(3.) On such application, the learned trial Judge on November 5, 1998 issued notices upon the opposite parties to show cause why the prayer of the petitioner should not be granted and further passed an ad interim order "directing the parties to the suit to maintain status quo in respect of issuance of debentures against the debentures in the suit until further order.";