J.K.Biswas, J. - (1.) The defendant No. 1 in a pending suit is the appellant before us. Before we go into the merits of this appeal, let us first dispose of the application for leave to appeal without the certified copy of the impugned order.
(2.) After hearing the parties we are satisfied that it is a fit case where leave to appeal is required to be granted. Accordingly, we grant leave to the appellant to file the instant appeal against the impugned order in terms of prayer (a) of the application.
(3.) When some argument was advanced on the question of grant of interim relief, the learned counsel for the parties submitted before us that the appeal itself could be heard out and disposed of by treating the same as on day's list. Accordingly, we discharge the appellant from the undertaking made under prayer (a), and by consent of parties we treated the appeal as on the date when the application for grant of interim relief was listed for hearing and had taken up the same for hearing.;