I.P.MUKERJI,J. - (1.) This is an interim application in aid of the suit. The principal prayer is for restraint upon the respondents from giving effect to the notice of temporary delisting of the plaintiff, dated 8th/14th December 2011 at page 152 of the petition.
(2.) Mr. L. K. Chatterjee, learned Advocate appearing for the respondents takes a preliminary objection that the relief sought in this interim application is the same as the claim in the suit, more or less. He contends that State of U. P. and Others v. Ram Sukhi Devi reported in (2005) 9 SCC 733 at paragraph 8 forbids the Court to pass an interim order which is equivalent to the final order in a proceeding.
(3.) But in my view pending decree in the suit, it is the duty of the Court to pass a suitable interim order to balance the rights of the parties.;