- (1.) In a suit for permanent injunction declaration and damages, the plaintiff by this interim application seeks an order of restraint on the defendants.
(2.) Learned Advocate appearing for the plaintiff submits that, the plaintiff is the owner of a flat at premises No. 12B, Lord Sinha Road, Kolkata- 700 071. The plaintiff wants to use such flat for commercial purposes. He refers to the tax assessment made by the Kolkata Municipal Corporation Authorities with regard to the flat in question. He submits that, the plaintiff is being assessed with regard to such flat, by Kolkata Municipal Corporation Authorities as if flat is being put in commercial use. He refers to the order dated November 18, 2019 passed by the Court in the earlier application for interim relief. He submits that, such application was disposed of and the relief sought for by the plaintiff was not granted, on the ground that, there was no material placed before the Court to establish that the plaintiff obtained requisite permission from the Kolkata Municipal Corporation Authorities for change of user. He submits that, since the Corporation Authorities are assessing the flat in question to be used for commercial purposes, there is no impediment in the plaintiff using the flat for commercial use. He seeks interim protection to such effect in this application.
(3.) Learned Advocate appearing for the defendants submits that, the defendant Nos. 2 to 4 are no longer of office bearers of the first defendant and that such fact is known to the plaintiff. He refers to the averments made in the petition with regard thereto. According to him, till such time the plaintiff takes appropriate steps for substituting the defendant Nos. 2 to 4 the Court should not consider the present application.;