JUDGEMENT
Bhaskar Bhattacharya, J. -
(1.) the application for temporary injunction and the application filed by the defendants or rejection of such application were taken up together for hearing.
(2.) the plaintiff, a banking company within the meaning of the banking regulation act, 1949 has filed the present suit thereby claiming the following reliefs: "(a) a decree for rs. 50 crores (sic) against the defendant nos. 1 to 23. (b) a declaration that the defendant nos. 1 to 23 have no right to resort to activities resulting in the interference with the business of the plaintiff-bank or to cause damage to its properties and documents, (c) permanent injunction restraining the defendant nos. 1 to 23 and each of them by themselves or by their servants, associates, aides, agents, assigns, nominees, supporters and members from: (i) committing any tortuous (sic) acts interfering and/or obstructing the normal functioning at the main office of the plaintiff-bank in any of its branches and/or offices in any manner whatsoever; (ii) threatening or intimidating, abusing, insulting, gheraoing and/or wrongfully confining any officer or member of the supervisory staff or any other employees and/or customers of the plaintiff; (iii) holding any meeting or demonstration or organising unlawful assemblies in or around the main office or any of the offices and/or branch premises of the plaintiff or within 100 yards thereof without previous permission of the plaintiff in writing; (iv) shouting slogans within a distance of 100 yards from the main office or any of the branches of the plaintiff in calcutta; (v) displaying and/or pasting and/or painting any posters or slogans within or outside the main office or in any of the offices of the branches of the plaintiff or otherwise damaging, destroying, defacing, mutilating, disfiguring or spoiling the property of the plaintiff in any manner whatsoever; (vi) intimidating any customer or constituent or any willing employees of the plaintiff in any manner whatsoever; (vii) obstructing ingress to or egress from the main office or any of the offices or branch premises of the plaintiff in calcutta; (d) appropriate orders be passed and/or directions be given on the defendants nos. 24 to 32 and each of them to render necessary police assistance for the purpose of implementation of and/or giving effect to the orders passed and / or to be passed in these proceedings. (e) alternatively an enquiry into damages and a decree for the amount found due on such enquiry. (f) attachment. (g) receiver, (h) costs. (i) further or other reliefs."
(3.) immediately after filing of the aforesaid suit the plaintiff came up with the present application for injunction against the defendants in the following terms: "(a) an injunction do issue restraining the respondents nos. 1 to 23 and/or their servants, assigns, agents, or supporters and/or each of the from: (i) threatening or intimidating, abusing, insulting, assaulting, gheraoing and/or wrongfully confining and/or hurling abuses on any officer or member of the supervisory staff or any other employees of your petitioner-bank; ii) holding any meeting or demonstration in and around the branch premises of your petitioner's or any other offices and/or branches of your petitioner in and around calcutta or within 100 yards thereof without previous permission of your petitioner in writing; (iii) shouting slogans within a distance of 100 yards from the main office or any of the branches of your petitioner in calcutta; (iv) committing any tortuous (sic) acts interfering with normal work at the main any office or any other branches and/or offices in calcutta of your petitioner in any manner whatsoever; v) displaying and/or pasting and/or painting any posters and / or slogans in and around the main office or in any of the branches of your petitioner in calcutta and/or otherwise defacing, damaging, destroying, mutilating, disfiguring or spoiling and or causing damage to the property, documents, records, equipments like computers, floppies or cash of your petitioner in any manner whatsoever; (vi) persuading or inducing by intimidation, threat or otherwise any employee of your petitioner to abstain from performing his/her normal duties and functions; (vii) intimidating any customer or constituent or willing worker of your petitioner in any manner whatsoever; (viii) obstructing ingress to and egress from the said main office or any other branches and/or offices in calcutta of your petitioner; (ix) preventing customers/constituents from entering the said main office or any other branches and / or offices in calcutta of your petitioner; (b) ad interim order in terms of prayers (a)(i) to (ix) above. (c) appropriate orders be passed and/or direction be given on the respondents nos.24 to 32 and/or each of them to render necessary police assistance for the purpose of implementation of and / or giving effect to the orders passed and/or to be passed on this application. (d) if necessary, a special officer be appointed to visit and inspect the places of incident whenever intimated by and or on behalf of your petitioner and submit reports to the hon'ble court from time to time upon receipt of such intimations and this hon'ble court may be pleased to pass appropriate orders upon consideration of such reports. (e) cost of this application be added to the costs of the suit. (f) further and/or other reliefs as to this hon'ble court may deem fit and proper." ;
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